A  0~ 


S.  R.  A.— B.  S.  G3.  Issued  August  22,    1925. 

United  States  Department  of  Agriculture 


SERVICE  AND  REGULATORY  ANNOUNCEMENTS 

BUREAU  OF  BIOLOGICAL  SURVEY 


TEXT  OF  LAWS  OF  THE  UNITED  STATES  AND  CANADA 
RELATING  TO  GAME  AND  BIRDS 

The  full  text  of  the  laws  and  regulations  which  follow  was  pub- 
lished prior  to  1924  in  the  annual  bulletin  of  the  United  States 
Department  of  Agriculture  on  the  game  laws.  Summarized  infor- 
mation concerning  open  seasons  on  game,  licenses,  bag  limits,  pos- 
session, sale,  interstate  transportation,  and  provisions  relating  to 
imported  game  and  game  raised  in  captivity  is  published  in 
Farmers'  Bulletin  No.  1466,  "  Game  Laws  for  the  Season  1925-26 : 
A  Summary  of  the  Provisions  of  Federal,  State,  and  Provincial 
Statutes.'' 


CONVENTION  BETWEEN  THE  UNITED  STATES  AND  GREAT 
BRITAIN  FOR  THE  PROJECTION  OF  MIGRATORY  BIRDS  IN  THE 
IjNITEHSTATESrAND  CANADA1 

[39    Stat.    1702] 
BY  TH^rfWESIDpNT  (OF  THE  UNITED  STATES  OF  AMERICA 

i  PROCLAMATION 

;.S.  DEPOSITORY 1 

Whereas  a  convention  between  the  United  States  of  America  and 
the  United  Kingdom  of  Great  Britain  and  Ireland  for  the  protection 
of  migratory  birds  in  the  United  States  and  Canada  was  concluded 
and  signed  by  their  respective  plenipotentiaries  at  Washington  on 
the  16th  day  of  August,  1916,  the  original  of  which  convention  is 
word  for  word  as  follows : 

Whereas,  many  species  of  birds  in  the  course  of  their  annual  mi- 
grations traverse  certain  parts  of  the  United  States  and  the  Domin- 
ion of  Canada ;  and 

1  Signed  at  Washington  Aug.  16,  1010;  ratification  advised  by  the  Senate  Aug.  20.  rati- 
fied by  the  President  Sept.  1,  and  by  Great  Britain  Oct.  20  ;  ratifications  exchanged  Dec. 
7;  proclaimed  Dec.  8,  1016.  Constitutionality  of  the  treaty  and  act  of  July  3.  1918,  sus- 
tained by  the  United  States  Supreme  Court  in  a  decision  rendered  Apr.  19,  1920,  in  the 
case  of  the  State  of  Missouri  v.  Ray  P.  Holland  (252  U.  S.  416)  ;  see  also  D.  S.  v.  Lump- 
kin  (276  Fed.  580). 

Canada,  by  an  act  of  Parliament  approved  Aug.  29.  1017.  gave  full  effect  to  this  con- 
vention and  promulgated  regulations  thereunder  Slay  11.  1918.  The  validity  of  the  act  of 
the  Dominion  Parliament  was  upheld  by  the  Supreme  Court  of  Prince  Edward  Island  in  a 
decision  (Michaelmas  term,  1920)  rendered  in  the  case  of  The  King  v,  Russell  C,  Clark, 

55532°— 25 1 


2  BUREAU    OF   BIOLOGICAL   SURVEY  [S.  R.  A. 

Whereas,  many  of  these  species  are  of  great  value  as  a  source  of 
food  or  in  destroying  insects  which  are  injurious  to  forests  and  for- 
age plants  on  the  public  domain,  as  well  as  to  agricultural  crops,  in 
both  the  United  States  and  Canada,  but  are  nevertheless  in  danger 
of  extermination  through  lack  of  adequate  protection  during  the 
nesting  season  or  while  on  their  way  to  and  from  their  breeding 
grounds ; 

The  United  States  of  America  and  His  Majesty  the  King  of  the 
United  Kingdom  of  Great  Britain  and  Ireland  and  of  the  British 
Dominions  beyond  the  Seas,  Emperor  of  India,  being  desirous  of 
saving  from  indiscriminate  slaughter  and  of  insuring  the  preserva- 
tion of  such  migratory  birds  as  are  either  useful  to  man  or  harmless, 
have  resolved  to  adopt  some  uniform  system  of  protection  which  shall 
effectively  accomplish  such  objects  and  to  the  end  of  concluding  a 
convention  for  this  purpose  have  appointed  as  their  respective  pleni- 
potentiaries :  T 

The  President  of  the  United  States  of  America,  Robert  Lansing, 
Secretary  of  State  of  the  United  States;  and 

His  Britannic  Majesty,  the  Right  Hon.  Sir  Cecil  Arthur  Spring 
Rice,  G.  C.  V.  O.,  K.  C.  M.  G.,  etc.,  His  Majesty's  ambassador  extraor- 
dinary and  plenipotentiary  at  Washington ; 

Who,  after  having  communicated  to  each  other  their  respective 
full  powers,  which  were  found  to  be  in  due  and  proper  form,  have 
agreed  to  and  adopted  the  following  articles: 

ARTICLE  I 

The  high  contracting  powers  declare  that  the  migratory  birds  included  in  the 
terms  of  this  convention  shall  he  as  follows : 

1.  Migratory  game  birds: 

(a)  Anatidae  or  waterfowl  including  brant,  wild  ducks,  geese,  and  swans. 

(b)  Gruidae  or  cranes,  including  little  brown,  sandhill,  and  whooping  cranes. 

(c)  Rallidae  or  rails,  including  coots,  gallinules  and  sora  and  other  rails. 

(d)  Limicolae  or  shorebirds,  including  avocets,  curlew,  dowitchers,  godwits, 
knots,  oyster  catchers,  phalaropes,  plovers,  sandpipers,  snipe,  stilts,  surf  birds, 
turnstones,  willet,  woodcock  and  yellowlegs. 

(e)  Columbidae  or  pigeons,  including  doves  and  wild  pigeons. 

2.  Migratory  insectivorous  birds:  Bobolinks,  catbirds,  chickadees,  cuckoos, 
flickers,  flycatchers,  grosbeaks,  humming  birds,  kinglets,  martins,  meadowlarks, 
night hawks  or  bull  bats,  nut-hatches,  orioles,  robins,  shrikes,  swallows,  swifts. 
tanagers,  titmice,  thrushes,  vireos,  warblers,  wax-wings,  whippoorwills,  wood- 
peckers, and  wrens,  and  all  other  perching  birds  which  feed  entirely  or  chiefly 
on  insects. 

'.].  Other  migratory  nongamo  birds:  Auks,  auklets,  bitterns,  fulmars,  gannets, 
grebes,  guillemots,  gulls,  herons,  jaegers,  loons,  murres,  petrels,  puffins,  shear- 
waters, and  terns. 

ARTICLE    II 

The  high  contracting  powers  agree1  that,  as  an  effective  means  of  preserving 
migratory  birds  there  shall  be  established  the  following  close  seasons  during 
which  no  hunting  shall  be  done  except  for  scientific  or  propagating  purposes 
under  permits  issued  by  proper  authorities. 

1.  The  close  season  on  migratory  game  birds  shall  be  between  March  10  and 
September  1,  except  that  the  close  season  on  the  Limicolae  or  shorebirds  in  the 
Maritime  Provinces  of  Canada  and  in  those  States  of  the  United  states  border- 
ing «ai  the  Atlantic  Ocean  which  are  situated  wholly  or  in  part  north  of  Chesa- 
peake Bay  shall  be  between  February  1  and  August  If),  and  that  Indians  may 
take  at  any  Time  SCOters  for  food  but  not  for  sale.  The  season  for  hunting 
shall  be  further  restricted  to  such  period  not  exceeding  three  and  one-half  months 


B.  S.  63]  LAWS    RELATING    TO    GAME    AND    BIRDS  6 

as  the  high  contracting  powers  may  severally  deem  appropriate  and  define  by 
law  or  regulation. 

2.  The  close  season  on  migratory  insectivorous  birds  shall  continue  throughout 
the  year. 

3.  The  close  season  on  other  migratory  nongame  birds  shall  continue  through- 
out the  year,  except  that  Eskimos  and  Indians  may  take  at  any  season  aides, 
anklets,  guillemots,  murres,  and  puffins,  and  their  eggs,,  for  food  and  their  skins 
for  clothing,  but  the  birds  and  eggs  so  taken  shall  not  be  sold  or  offered  for  sale. 

ARTICLE    III 

The  high  contracting  powers  agree  that  during  the  period  of  10  years  next 
following  the  going  into  effect  of  this  convention  there  shall  be  a  continuous  close 
season  on  the  following  migratory  game  birds,  to  wit: 

Band-tailed  pigeons,  little  brown,  sandhill,  and  whooping  cranes,  swans,  cur- 
lew, and  all  shorebirds  (except  the  black-breasted  and  -olden  plover.  Wilson  or 
jack  snipe,  woodcock,  and  the  greater  and  lesser  yellowlegs)  ;  provided  that 
during  such  10  years  the  close  seasons  on  cranes,  swans,  and  curlew  in  the 
Province  of  British  Columbia  shall  be  made  by  the  proper  authorities  of  that 
Province  within  the  general  dates  and  limitations  elsewhere  prescribed  in  this 
convention  for  the  respective  groups  to  which  these  birds  belong. 

ARTICLE    IV 

The  high  contracting  powers  agree  that  special  protection  shall  be  given  the 
wood  duck  and  the  eider  duck  either  (1)  by  a  close  season  extending  over  a 
period  of  at  least  5  years,  or  (2)  by  the  establishment  of  refuges,  or  (3)  by 
such  other  regulations  as  may  be  deemed  appropriate. 

ARTICLE   v 

The  taking  of  nests  or  eggs  of  migratory  game  or  insectivorous  or  nongame 
birds  shall  be  prohibited,  except  for  scientific  or  propagating  purposes  under 
such  laws  or  regulations  as  the  high  contracting-  powers  may  severally  deem 
appropriate. 

ARTICLE    VI 

The  high  contracting  powers  agree  that  the  shipment  or  export  of  migratory 
birds  or  their  eggs  from  any  State  or  Province,  during  the  continuance  of  the 
close  season  in  such  State  or  Province,  shall  be  prohibited  except  for  scientific 
or  propagating  purposes,  and  the  international  traffic  in  any  birds  or  eggs 
at  such  time  captured,  killed,  taken,  or  shipped  at  any  time  contrary  to  the 
laws  of  the  State  or  Province  in  which  the  same  were  captured,  killed,  taken, 
or  shipped  shall  be  likewise  prohibited.  Every  package  containing  migratory 
birds  or  any  parts  thereof  or  any  eggs  of  migratory  birds  transported,  or 
offered  for  transportation  from  the  United  States  into  the  Dominion  of  Canada 
or  from  the  Dominion  of  Canada  into  the  United  States,  shall  have  the  name 
and  address  of  the  shipper  and  an  accurate  statement  of  the  contents  clearly 
marked  on  the  outside  of  such  package. 

ARTICLE   VII 

Permits  to  kill  any  of  the  above-named  birds  which  under  extraordinary  con- 
ditions ifiay  become  seriously  injurious  to  the  agricultural  or  other  interests 
in  any  particular  community,  may  be  issued  by  the  proper  authorities  of  the 
high  contracting  powers  under  suitable  regulations  prescribed  therefor  by 
them,  respectively,  but  such  permits  shall  lapse  or  may  be  canceled  at  any 
time  when,  in  the  opinion  of  said  authorities,  the  particular  exigency  has 
passed,  and  no  birds  killed  under  this  article  shall  be  shipped,  sold,  or  offered 
for  sale. 

article  vrn 

The  high  contracting  powers  agree  themselves  to  take,  or  propose  to  their 
respective  appropriate  law-making  bodies,  the  necessary  measures  for  insuring 
the  execution  of  the  present  convention. 


BUREAU   OF    BIOLOGICAL   SURVEY  [S.  R.  A. 


ARTICLE    IX 


The  present  convention  shall  he  ratified  by  the  President  of  the  United  States 
of  America,  hy  and  with  the  advice  and  consent  of  the  Senate  thereof,  and  by 
His  Britannic  Majesty.  The  ratifications  shall  he  exchanged  at  Washington  as 
soon  as  possihle  and  the  convention  shall  take  effect  on  the  date  of  the  ex- 
change of  the  ratifications.  It  shall  remain  in  force  for  15  years  and  in  the 
event  of  neither  of  the  high  contracting  powers  having  given  notification  12 
months  before  the  expiration  of  said  period  of  15  years  of  its  intention  of 
terminating  its  operation,  the  convention  shall  continue  to  remain  in  force 
for  1  year  and  so  on  from  year  to  year. 

In  faith  whereof,  the  respective  plenipotentiaries  have  signed  the 
present  convention  in  duplicate  and  have  hereunto  affixed  their  seals. 
Done  at  Washington  this  16th  day  of  August,  191G. 
[seal.]  Robert  Lansing, 

[seal.]  Cecil  Spring  Hice. 

And  whereas  the  said  convention  has  been  duly  ratified  on  both 
parts,  and  the  ratifications  of  the  two  Governments  were  exchanged 
in  the  city  of  Washington  on  the  7th  day  of  December,  1916 : 

Now,  therefore,  be  it  known  that  I,  Woodrow  Wilson,  President 
of  the  United  States  of  America,  have  caused  the  said  convention 
to  be  made  public,  to  the  end  that  the  same  and  every  article  and 
clause  thereof  may  be  observed  and  fulfilled  with  good  faith  by  the 
United  States  and  the  citizens  thereof. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  caused  the 
seal  of  the  United  States  to  be  affixed. 

Done  at  the  city  of  Washington  this  8th  day  of  December  in  the 
year  of  our  Lord  1916,  and  of  the  independence  of  the  United  States 
of  America  the  141st. 

[seal.]  Woodrow  Wilson. 

By  the  President: 
Robert  Lansing, 

Secretary  of  State. 


MIGRATORY-BIRD  TREATY  ACT 

[Approved  July  3,  1918.     40  Stat.  755] 

An  act  to  give  effect  to  the  convention  between  the  United  States  and  Great  Britain 
for  the  protection  of  migratory  birds  concluded  at  Washington,  August  16,  1916,  and 
for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  this  act  shall  be  known  by  the 
short  title  of  the  "  Migratory  Bird  Treaty  Act." 

Sec.  2.  That  unless  and  except  as  permitted  by  regulations  made  as  herein- 
after provided,  it  shall  be  unlawful  to  hunt,  take,  capture,  kill,  attempt  to 
take,  capture  or  kill,  possess,  offer  for  sale,  sell,  offer  to  purchase,  purchase, 
deliver  for  shipment,  ship,  cause  to  be  shipped,  deliver  for  transportation, 
transport,  cause  to  be  transported,  carry  or  cause  to  be  carried  by  any  means 
whatever,  receive  for  shipment,,  transportation  or  carriage,  or  export,  at  any 
time  or  in  any  manner,  any  .migratory  bird,  included  in  the  terms  of  the  con- 
vention between  the  United  States  and  Great  Britain  for  the  protection  of 
migratory  birds  concluded  August  16,  1916,  or  any  part,  nest,  or  egg  of  any 
such  bird. 

Sec  3.  That  subject  to  the  provisions  and  in  order  to  carry  out  the  purposes 
of  the  convention,  the  Secretary  of  Agriculture  is  authorized  and  directed,  from 


B.  S.63]  LAWS    RELATING    TO    GAME    AND   BIRDS  5 

time  to  time,  having  due  regard  to  the  zones  of  temperature  and  to  the  distri- 
bution, abundance,  economic  value,  breeding  habits,  and  times  and  lines  of 
migratory  flight  of  such  birds,  to  determine  when,  to  what  extent,  if  at  all, 
and  by  what  means,  it  is  compatible  with  the  terms  of  the  convention  to  allow 
hunting,  taking,  capture,  killing,  possession,  sale,  purchase,  shipment,  trans- 
portation, carriage,  or  export  of  any  such  bird,  or  any  part,  nest,  or  egg  thereof, 
and  to  adopt  suitable  regulations  permitting  and  governing  the  same,  in  ac- 
cordance with  such  determinations,  which  regulations  shall  become  effective 
when  approved  by  the  President. 

Sec.  4.  That  it  shall  be  unlawful  to  ship,  transport,  or  carry,  by  any  means 
whatever,  from  one  State,  Territory,  or  District  to  or  through  another  State, 
Territory,  or  District,  or  to  or  through  a  foreign  country,  any  bird,  or  any 
part,  nest,  or  egg  thereof,  captured,  killed,  taken,  shipped,  transported,  or 
carried  at  any  time  contrary  to  the  laws  of  the  State,  Territory,  or  District  in 
which  it  was  captured,  killed,  or  taken,  or  from  which  it  was  shipped,  trans- 
ported, or  carried.  It  shall  be  unlawful  to  import  any  bird,  or  any  part,  nest, 
or  egg  thereof,  captured,  killed,  taken,  shipped,  transported,  or  carried  con- 
trary to  the  laws  of  any  Province  of  the  Dominion  of  Canada  in  which  the 
same  was  captured,  killed,  or  taken,  or  from  which  it  was  shipped,  transported, 
or  carried. 

Sec.  5.  That  any  employee  of  the  Department  of  Agriculture  authorized  by 
the  Secretary  of  Agriculture  to  enforce  the  provisions  of  this  act  shall  have 
power,  without  warrant,  to  arrest  any  person  committing  a  violation  of  this  act 
in  his  presence  or  view  and  to  take  such  person  immediately  for  examination 
or  trial  before  an  officer  or  court  of  competent  jurisdiction;  shall  have  power 
to  execute  any  warrant  or  other  process  issued  by  an  officer  or  court  of  com- 
petent jurisdiction  for  the  enforcement  of  the  provisions  of  this  act ;  and  shall 
have  authority,  with  a  search  warrant,  to  search  any  place.  The  several  judges 
of  the  courts  established  under  the  laws  of  the  United  States,  and  United 
States  commissioners  may,  within  their  respective  jurisdictions,  upon  proper 
oath  or  affirmation  showing  probable  cause,  issue  warrants  in  all  such  cases. 
All  birds,  or  parts,  nests,  or  eggs  thereof,  captured,  killed,  taken,  shipped, 
transported,  carried,  or  possessed  contrary  to  the  provisions  of  this  act  or  of 
any  regulations  made  pursuant  thereto  shall,  when  found,  be  seized  by  any 
such  employee,  or  by  any  marshal  or  deputy  marshal,  and.  upon  conviction  of 
the  offender  or  upon  judgment  of  a  court  of  the  United  States  that  the  same 
were  captured,  killed,  taken,  shipped,  transported,  carried,  or  possessed  con- 
tra ry  to  the  provisions  of  this  act  or  of  any  regulation  made  pursuant  thereto, 
shall  be  forfeited  to  the  United  States  and  disposed  of  as  directed  by  the 
court  having  jurisdiction. 

Sec  0.  That  any  person,  association,  partnership,  or  corporation  who  shall 
violate  any  of  the  provisions  of  said  convention  or  of  this  act.  or  who  shall 
violate  or  fail  to  comply  with  any  regulation  made  pursuant  to  this  act,  shall 
be  deemed  guilty  of  misdemeanor  and  upon  conviction  thereof  shall  be  fined 
not  more  than  $500  or  be  imprisoned  not  more  than  six  months,  or  both. 

Sec.  7.  That  nothing  in  this  act  shall  be  construed  to  prevent  the  several 
States  and  Territories  from  making  or  enforcing  laws  or  regulations  not  in- 
consistent with  the  provisions  of  said  convention  or  of  this  act,  or  from 
making  or  enforcing  laws  or  regulations  which  shall  give  further  protection  to 
migratory  birds,  their  nests,  and  eggs,  if  such  laws  or  regulations  do  not  ex- 
tend the  open  seasons  for  such  birds  beyond  the  dates  approved  by  the  President 
in  accordance  with  section  three  of  this  act. 

Sec.  8.  That  until  the  adoption  and  approval,  pursuant  to  section  3  of  this 
act.  of  regulations  dealing  with  migratory  birds  and  their  nests  and  eggs,  such 
migratory  birds  and  their  nests  and  eggs  as  are  intended  and  used  exclusively 
for  scientific  or  propagating  purposes  may  be  taken,  captured,  killed,  possessed. 
sold,  purchased,  shipped,  and  transported  for  such  scientific  or  propagating 
purposes  if  and  to  the  extent  not  in  conflict  with  the  laws  of  the  State,  Terri- 
tory, or  District  in  which  they  are  taken,  captured,  killed,  possessed,  sold,  or 
purchased,  or  in  or  from  which  they  are  shipped  or  transported  if  the  packages 
containing  the  dead  bodies  or  the  nests  or  eggs  of  such  birds  when  shipped  and 
transported  shall  be  marked  on  the  outside  thereof  so  as  accurately  and  clearly 
to  show  the  name  and  address  of  the  shipper  and  the  contents  of  the  package. 

Sec  9.  That  the  unexpended  balances  of  any  sums  appropriated  by  the  agri- 
cultural appropriation  acts  for  the  fiscal  years  1917  and  1918.  for  enforcing 
the  provisions  of  the  act  approved  March  4,  1913.  relating  to  the  protection  of 
migratory  game  and  insectivorous  birds,  are  hereby  reappropriated  and  made 


6  BUREAU    OF    BIOLOGICAL   SURVEY  [S.  R.  A. 

available  until  expended  for  the  expenses  of  carrying  into  effect  the  provisions 
of  this  act  and  regulations  made  pursuant  thereto,  including  the  payment  of 
such  rent,  and  the  employment  of  such  persons  and  means,  as  the  Secretary  of 
Agriculture  may  deem  necessary,  in  the  District  of  Columbia  and  elsewhere. 
cooperation  with  local  authorities  in  the  protection  of  migratory  birds,  and 
necessary  investigations  connected  therewith:  Provided.  That  no' person  who 
is  subject  to  the  draft  for  service  in  the  Army  or  Navy  shall  be  exempted  or 
excused  from  such  service  by  reason  of  his  employment  under  this  act. 

Sec.  10.  That  if  any  clause,  sentence,  paragraph,  or  part  of  this  act  shall,  for 
any  reason,  be  adjudged  by  any  court  of  competent  jurisdiction  to  be  invalid, 
such  judgment  shall  not  affect,  impair,  or  invalidate  the  remainder  thereof,  but 
shall  be  confined  in  its  operation  to  the  clause,  sentence,  paragraph,  or  part 
thereof  directly  involved  in  the  controversy  in  which  such  judgment  shall  have 
been   rendered. 

Sec.  11.  That  all  acts  or  parts  of  acts  inconsistent  with  the  provisions  of  this 
act  are  hereby  repealed. 

Sec.  12.  Nothing  in  this  act  shall  be  construed  to  prevent  the  breeding  of 
migratory  game  birds  on  farms  and  preserves  and  the  sale  of  birds  so  bred  un- 
der proper  regulation  for  the  purpose  of  increasing  the  food  supply. 

Sec.  13.  That  this  act  shall  become  effective  immediately  upon  its  passage 
and   approval. 


MIGRATORY-BIRD  TREATY-ACT  REGULATIONS 

[As  approved  and  promulgated  by  the  President,  July  31,  1918,  and  amended  October 
25,  1918,  July  28,  1919,  July  9,  191*0,  March  3,  1921,  May  17,  1921,  March  8,  1922, 
April  10,  1923,  June  11,   1923,  April  11,  1924,  July  2,  1924,  and  June  2'1,   1925] 

REGULATION    1.— DEFINITIONS  OF  MIGRATORY   BIRDS 

Migratory  birds,  included  in  the  terms  of  the  convention  between  the  United 
States  and  Great  Britain  for  the  protection  of  migratory  birds,  concluded 
August  1G,  191G,  are  as  follows: 

1.  Migratory  game  binls: 

(a)  Auatidae,  or  waterfowl,  including  brant,  wild  ducks,  geese,  and  swans. 

(b)  Gruidae,  or  cranes,  including  little  brown,  sandhill,  and  whooping  cranes. 

(c)  Rallidse,  or  rails,  including  coots,  gallinules,  and  sora  and  other  rails. 

(d)  Limicobc.  or  shorebirds.  including  avocets.  curlews,  dowitehers,  godwits. 
knots,  oyster  catchers,  phalaropes,  plovers,  sandpipers,  snipe,  stilts,  surf  birds, 
turnstones.  willet,  woodcock,  and  yellowlegs. 

(r)   Columbidse,  or  pigeons,  including  doves  and  wild  pigeons. 

2.  Miaratory  insectivorous  birds:  Cuckoos;  flickers  and  other  woodpeckers; 
nighthawks  or  bull-bats  and  whip-poor-wills;  swifts;  hummingbirds;  flycatch- 
ers; bobolinks,  meadowlarks,  and  orioles;  grosbeaks;  tanagers ;  martins  and 
other  swallows;  waxwings :  shrikes;  vireos;  warblers;  pipits;  catbirds  and 
brown  thrashers;  wrens;  brown  creepers;  nuthatches;  chickadees  and  titmice; 
kinglets  and  gnat  eatchers;  robins  and  other  thrushes;  and  all  other  perching 
birds  which  feed  entirely  or  chiefly  on  insects. 

,°,.  Other  migratory  nongame  bird*:  Auks,  anklets,  bitterns,  fulmars,  gannets, 
grebes,  sruillemots,  gulls,  herons,  jaegers,  loons,  murres,  petrels,  puffins,  shear- 
waters, and  terns. 

[As  amended  July  9,   1920.] 

REGULATION   2.— DEFINITIONS  OF   TERMS 

For  the  purposes  of  ihose  regulations  the  following  terms  shall  be  construed, 
respectively,  to  mean — 

Secretary.-    The  Secretary  of  Airrh-ulturo  of  the  United  States. 

Person. — The  plural  or  the  singular,  as  the  case  demands,  including  indi- 
viduals, associations,  partnerships,  and  corporations,  unless  the  context  other- 
wise requires. 

'fa !;c-  The  pursuit,  hunting,  capture,  or  killing  of  migratory  birds  in  the 
manner  and  by  the  means  specifically  permitted. 

Open  season.— The  time  during  which  migratory  birds  may  be  taken. 

Transport.  Shipping,  transporting,  carrying,  exporting,  receiving  or  deliver- 
ing for  shipment,  transportation,  carriage,  or  export. 


B.S.63J  LAWS    RELATING    TO    GAME  AND    BIRDS  7 

REGULATION  3.— MEANS  BY  WHICH  MIGRATORY  GAME  BIRDS  MAY  BE  TAKEN 

The  migratory  game  birds  specified  in  regulation  4  hereof  may  be  taken 
during  the  open  season  with  a  gun  only,  not  larger  than  No.  10  gauge,  fired 
from  the  shoulder,  except  as  specifically  permitted  by  regulations  7,  8,  9,  and  10 
hereof;  they  may  be  taken  during  the  open  season  from  the  land  and  water, 
with  the  aid  of  a  dog,  the  use  of  decoys,  and  from  a  blind  or  floating  device 
(other  than  an  airplane,  powerboat,  sailboat,  any  boat  under  sail,  or  any 
floating  device  towed  by  powerboat  or  sailboat). 

[As  amended  July  28,  1919,  March  3,  1921,  and  May  17,  1921.] 

REGULATION    4.— OPEN    SEASONS    ON   AND    POSSESSION    OF   CERTAIN    MIGRATORY 

GAME  BIRDS 

For  the  purpose  of  this  regulation,  each  period  of  time  herein  prescribed  as 
an  open  season  shall  be  construed  to  include  the  first  and  last  days  thereof. 

Waterfowl  (except  wood  duck,  eider  ducks,  and  swans),  rails,  coot,  gal- 
linules,  black-bellied  and  golden  plovers,  greater  and  lesser  yellowlegs,  wood- 
cock, Wilson  snipe  or  jacksnipe,  and  mourning  doves  may  be  taken  each  day 
from  half  an  hour  before  sunrise  to  sunset  during  the  open  seasons  prescribed 
therefor  in  this  regulation,  by  the  means  and  in  the  numbers  permitted  by  regu- 
lations 3  and  5  hereof,  respectively,  and  when  so  taken  may  be  possessed  any 
day  in  any  State,  Territory,  or  District  during  the  period  constituting  the  open 
season  where  killed  and  for  an  additional  period  of  10  days  next  succeeding 
said  open  season,  but  no  such  birds  shall  be  possessed  in  a  State,  Territory,  or 
District  at  a  time  when  such  State,  Territory,  or  District  prohibits  the  posses- 
sion thereof. 

Waterfowl  (except  wood  duck,  cider  ducks,  and  sivans) ,  coot,  gallinules, 
and  Wilson  snipe  or  jacksnipe. — The  open  seasons  for  waterfowl  (except  wood 
duck,  eider  ducks,  and  swans),  coot,  gallinules,  and  Wilson  snipe  or  jacksnipe 
shall  be  as  follows  : 

In  Maine,  New  Hampshire,  Vermont,  Massachusetts,  Ohio,  West  Virginia, 
Kentucky,  Indiana,  Michigan,  Wisconsin,  Illinois,  Minnesota,  Iowa,  Missouri, 
North  Dakota,  South  Dakota,  Nebraska,  Kansas,  Colorado,  Wyoming,  Montana, 
Nevada,  and  that  portion  of  Washington  lying  east  of  the  summit  of  the  Cas- 
cade Mountains  the  open  season  shall  be  from  September  16  to  December  31 ; 

In  New  York  (except  Long  Island)  the  open  season  shall  be  from  September 
24  to  January  7 ; 

In  Rhode  Island,  Connecticut,  Pennsylvania,  Oklahoma,  New  Mexico,  Utah, 
California,  Idaho,  Oregon,  and  that  portion  of  Washington  lying  west  of  the 
summit  of  the  Cascade  Mountains  the  open  season  shall  be  from  October  1  to 
January  15 ; 

In  that  portion  of  New  York  known  as  Long  Island,  and  in  New  Jersey,  Dela- 
ware, Arizona,  and  that  portion  of  Texas  lying  west  and  north  of  the  main 
tracks  of  the  International  &  Great  Northern  Railroad  extending  from  Laredo 
to  San  Antonio,  Austin,  and  Longview,  and  the  Texas  &  Pacific  Railroad 
extending  from  Longview  to  Marshall  and  Texarkana  the  open  season  shall  be 
from  October  16  to  January  31 ; 

In  Maryland,  the  District  of  Columbia,  Virginia,  North  Carolina,  South 
Carolina,  Georgia,  Florida,  Alabama,  Mississippi.  Tennessee,  Arkansas,  Louisi- 
ana, and  that  portion  of  Texas  lying  east  and  south  of  the  main  tracks  of  the 
International  &  Great  Northern  Railroad  extending  from  Laredo  to  San  An- 
tonio, Austin,  and  Longview,  and  the  Texas  &  Pacific  Railroad  extending  from 
Longview  to  Marshall  and  Texarkana  the  open  season  shall  be  from  November 
1  to  January  31 ;  and 

In  Alaska  the  open  season  shall  be  from  September  1  to  December  15. 

Rails  (except  coot  and  gallinules). — The  open  season  for  sora  and  other 
rails  (except  coot  and  gallinules)  shall  be  from  September  1  to  November  30, 
except  as  follows : 

In  Louisiana  the  open  season  shall  be  from  November  1  to  January  31. 

Black-bellied  and  golden  plovers  and  greater  and  lesser  ijcllowlegs. — The  open 
seasons  for  black-bellied  and  golden  plovers  and  greater  and  lesser  yellowlegs 
shall  be  as  follows : 

In  Maine,  New  Hampshire,  Massachusetts,  Rhode  Island,  Connecticut,  New 
York,  New  Jersey,  Delaware,  Maryland,  and  Virginia  the  open  season  shall  be 
from  August  16  to  November  30; 

In  the  District  of  Columbia,  North  Carolina,  South  Carolina,  Tennessee,  Ar- 
kansas, Oklahoma,  Texas,  New  Mexico,  Arizona.  California,  and  Alaska  the 
open  season  shall  be  from  September  1  to  December  15 ; 


8  BUREAU    OF    BIOLOGICAL    SURVEY  S.R.A. 

In  Vermont,  Pennsylvania,  Ohio,  West  Virginia,  Kentucky,  Indiana,  Michigan. 
Wisconsin,  Illinois,  Missouri,  Iowa,  Minnesota,  North  Dakota,  South  Dakota, 
Nebraska,  Kansas,  Colorado,  Wyoming,  Montana,  Nevada,  and  that  portion  of 
Washington  lying  east  of  the  summit  of  the  Cascade  Mountains  the  open 
season  shall  be  from  September  16  to  December  31 ; 

In  Utah,  Oregon,  Idaho,  and  in  that  portion  of  Washington  lying  west  of 
the  summit  of  the  Cascade  Mountains  the  open  season  shall  be  from  October  1 
to  January  15 ;  and 

In  Georgia,  Florida,  Alabama,  Mississippi,  and  Louisiana  the  open  season 
shall  be  from  November  1  to  January  31. 

Woodcock. — The  open  seasons  for  woodcock  shnll  l>e  as  follows: 

In  Maine,  New  Hampshire,  Vermont,  Massachusetts,  Rhode  Island,  Con- 
necticut, New  York.  New  Jersey,  Pennsylvania,  Ohio,  West  Virginia,  Kentucky. 
Indiana,  Michigan,  Wisconsin,  Illinois,  Missouri,  Iowa,  Minnesota.  North 
Dakota,  South  Dakota,  Nebraska,  and  Kansas  the  open  season  shall  be  from 
October  1  to  November  30;  and 

In  Delaware,  Maryland,  the  District  of  Columbia.  Virginia,  North  Carolina. 
South  Carolina,  Georgia,  Florida.  Alabama.  Mississippi,  Tennessee,  Arkansas, 
Louisiana.  Texas,  and  Oklahoma  the  open  season  shall  be  from  November  1  to 
December  31. 

Doves. — The  open  seasons  for  mourning  doves  shall  be  as  follows: 

In  Delaware.  Maryland,  Virginia,  North  Carolina,  South  Carolina.  Tennessee, 
Kentucky,  Ohio,  Indiana.  Illinois,  Minnesota,  Nebraska.  Kansas.  Missouri, 
Arkansas,  Oklahoma,  that  portion  of  Texas  lying  west  and  north  of  the  main 
tracks  of  the  Internationa]  &  Great  Northern  Railroad  extending  from  Laredo 
to  San  Antonio.  Austin,  and  Longview,  and  the  Texas  &  Pacific  Railroad 
extending  from  Longview  to  Marshall  and  Texarkana,  New  Mexico,  Colorado, 
Utah,  Arizona.  California,  Nevada,  Idaho,  and  Oregon  the  open  season  shall 
be  from  September  1  to  December  15; 

In  Georgia,  Florida,  Alabama,  and  Mississippi  the  open  season  shall  be  from 
October  1C>  to  January  31; 

In  that  portion  of  Texas  lying  east  and  south  of  the  main  tracks  of  the 
International  &  Great  Northern  Railroad  extending  from  Laredo  to  San 
Antonio,  Austin,  and  Longview,  and  the  Texas  &  Pacific  Railroad  extending 
from  Longview  to  Marshall  and  Texarkana  the  open  season  shall  be  from 
November  1  to  December  31 ;  and 

In  Louisiana  the  open  season  shall  be  from  November  1  to  January  31. 

TAs  amended  October  25,  1918.  July  28.  lf>10.  July  9,  1920.  May  17.  1921.  March  8. 
1922,  June  11,  1923,  April   11,   1924,  July  2,   1924.  and  June  22,   1925.] 

REGULATION   5.— BAG   LIMITS    ON   CERTAIN    MIGRATORY    GAME   BIRDS 

A  person  may  take  in  any  one  day  during  the  open  seasons  prescribed  therefor 
in  regulation  4  not  to  exceed  the  following  numbers  of  migratory  game  birds, 
which  numbers  shall  include  all  birds  taken  by  any  other  person  who  for  hire 
accompanies  or  assists  him  in  taking  migratory  birds : 

Duel:*  (except  wood  duck  and  eider  ducks). — Twenty-five  in  the  aggregate 
of  all  kinds. 

Geese. — Fight  in  the  aggregate  of  all  kinds. 

Brant. — Eight. 

Rails,  coot,  and  gallinules  {except  sora). — Twenty-five  in  the  aggregate  of 
all  kinds. 

Sora. — Fifty. 

Black-pellied  and  (/olden  plovers  and  greater  and  lesser  ycllowlcgs. — -Fifteen 
In  the  aggregate  of  all  kinds. 

Wilson  snipe  or  jack  snipe. — Twenty-five. 

Woodcock. — Six. 

Doves  ( mourning ) . — Twenty-fi ve. 

[As  amended  October  2">,  1918,  July  28,  1919,  and  March  3,  1921.] 

REGULATION    C— SHIPMENT,    TRANSPORTATION,    AND    POSSESSION     OF    CERTAIN 

MIGRATORY    GAME    BIRDS 

Waterfowl  (except  wood  duck,  eider  ducks,  and  swans),  rails,  coot,  gallinules, 
black-bellied  and  golden  plovers,  greater  and  lesser  yellowlegs.  woodcock,  Wilson 
snipe  or  jaeksnipe,  and  mourning  doves  and  parts  thereof  legally  taken  may  he 
transported    in   or   out    of  the   State   where  taken   during   the  respective  open 


B.S.63]  LAWS   RELATING   TO   GAME    AND   BIRDS  9 

seasons  in  that  State,  and  may  be  imported  from  Canada  during  the  open 
season  in  the  Province  where  taken,  in  any  qianner,  but  no1  more  than  the 
number  thereof  that  may  be  taken  in  two  days  by  one  person  under  these 
regulations  shall  be  transported  by  one  person  in  one  calendar  week  out  of 
the  State  where  taken;  any  such  migratory  game  birds  or  parts  thereof  in 
transit  during  the  open  season  may  continue  in  transit  such  additional  time 
immediately  succeeding  such  open  season,  nor  to  exceed  5  days,  necessary  to 
deliver  the  same  to  their  destination,  and  may  be  possessed  in  any  State, 
Territory,  or  District  during  the  perifd  constituting  the  open  season  where 
killed,  and  for  an  additional  period  of  10  days  next  succeeding  said  open 
season;  and  any  package  in  which  migratory  game  birds  or  parts  thereof  are 
transported  shall  have  the  name  and  address  of  the  shipper  and  of  the  con- 
signee and  an  accurate  statement  of  the  numbers  and  kinds  of  birds  con- 
tained therein  clearly  and  conspicuously  marked  on  the  outside  thereof;  but 
no  such  birds  shall  be  transported  from  any  State.  Territory,  or  District  to 
or  through  another  State.  Territory,  or  District,  or  to  or  through  a  Province 
of  the  Dominion  of  Canada  contrary  to  the  laws  of  the  State,  Territory,  or 
District,  or  Province  of  the  Dominion  of  Canada  in  which  they  were  taken  or 
from  which  they  are  transported ;  nor  shall  any  such  birds  be  transported  into 
any  State,  Territory,  or  District  from  another  State,  Territory,  or  District, 
or  from  any  State,  Territory,  or  District  into  any  Province  of  the  Dominion 
of  Canada  at  a  time  when  such  State,  Territory,  or  District,  or  Province  of  the 
Dominion  of  Canada  prohibits  the  possession  or  transportation  thereof. 
[As  amended  October  25,  1918,  and  July  9,  1920.] 

REGULATION  7— TAKING  OF   CERTAIN  MIGRATORY  NONGAME   BIRDS  BY   ESKIMOS 
AND   INDIANS    IN    ALASKA 

In  Alaska  Eskimos  and  Indians  may  take  for  the  use  of  themselves  and 
their  immediate  families,  in  any  manner  and  at  any  time,  and  possess  and 
transport  auks,  auklets,  guillemots,  murres,  and  puffins  and  their  eggs  for 
food,  and  their  skins  for  clothing. 

REGULATION    8.— PERMITS    TO    PROPAGATE    AND    SELL    MIGRATORY    WATERFOWL 

1.  A  person  may  take  in  any  manner  and  at  any  time  migratory  water- 
fowl and  their  eggs  for  propagating  purposes  when  authorized  by  a  permit 
issued  by  the  Secretary.  Waterfowl  and  their  eggs  so  taken  may  be  possessed 
by  the  permittee  and  may  be  sold  and  transported  by  him  for  propagating 
purposes  to  any  person  holding  a  permit  issued  by  the  Secretary  in  accordance 
with  the  provisions  of  this  regulation. 

2.  A  person  authorized  by  a  permit  issued  by  the  Secretary  may  possess, 
buy.  sell,  and  transport  migratory  waterfowl  and  their  increase  and  eggs  in  any 
manner  and  at  any  time  for  propagating  purposes ;  and  migratory  waterfowl, 
except  the  birds  taken  under  paragraph  1  of  this  regulation,  so  possessed  may 
be  killed  by  him  at  any  time,  in  any  manner,  except  that  they  may  be  killed  by 
shooting  only  during  the  open  season  for  waterfowl  in  the  State  where  killed. 
and  the  carcasses,  with  heads  and  feet  attached  thereto,  of  the  birds  so  killed 
may  be  sold  and  transported  by  him  in  any  manner  and  at  any  time  to  any 
person  for  actual  consumption,  or  to  the  keeper  of  a  hotel,  restaurant,  or  board- 
ing house,  retail  dealer  in  meat  or  game,  or  a  club,  for  sale  or  service  to  their 
patrons,  who  may  possess  such  carcasses  for  actual  consumption  without  a 
permit,  but  no  migratory  waterfowl  killed  by  shooting  shall  be  bought  or  sold 
unless  each  bird  before  attaining  the  age  of  four  weeks  shall  have  had  removed 
from  the  web  of  one  foot  a  portion  thereof  in  the  form  of  a  V  large  enough 
to  make  a  permanent,  well-defined  mark,  which  shall  be  sufficient  to  identify  it 
as  a  bird  raised  in  domestication  under  a  permit. 

8.  Any  package  in  which  such  waterfowl  or  parts  thereof  or  their  eggs 
are  transported  shall  have  plainly  and  conspicuously  marked  on  the  outside 
thereof  the  name  and  address  of  the  permittee,  the  number  of  his  permit, 
the  name  and  address  of  the  consignee,  and  an  accurate  statement  of 
the  number  and  kinds  of  birds,  or  eggs  contained  therein. 

4.  Applications  for  permits  must  be  addressed  to  the  Secretary  of  Agriculture, 
Washington,  D.  C,  and  must  contain  the  following  information  :  Name  and 
address  of  applicant  :  place  whore  the  business  is  to  be  carried  on:  number  of 
acres  of  land  used  in  the  business  and  whether  owned  or  leased  by  the  appli- 

55532°— 25 2 


10  BUREAU    OF    BIOLOGICAL   SUKVEY  [S.  R.  A. 

cant ;  number  of  each  species  of  waterfowl  in  possession  of  applicant ;  names  of 
species  and  number  of  birds  or  eggs  of  each  species  if  permission  is  asked  to 
take  waterfowl  or  their  eggs ;  and  the  particular  locality  where  it  is  desired  to 
take  such  waterfowl  or  eggs. 

5.  A  person  granted  a  permit  under  this  regulation  shall  keep  books  and 
records  which  shall  correctly  set  forth  the  total  number  of  each  species  of 
waterfowl  and  their  eggs  possessed  on  the  date  of  application  for  the  permit 
and  on  the  1st  day  of  each  January  next  following;  also  for  each  calendar 
year  during  the  life  of  the  permit  the  total  number  of  each  species  reared  and 
killed,  number  of  each  species  and  their  eggs  sold  and  transported,  manner  in 
which  such  waterfowl  and  eggs  were  transported,  name  and  address  of  each 
person  from  or  to  whom  waterfowl  and  eggs  were  purchased  or  sold,  together 
with  number  and  species  and  whether  sold  alive  or  dead;  and  the  date  of 
each  transaction.  A  report  setting  forth  this  information  shall  be  annually 
furnished  the  Secretary  during  the  month  of  January  for  the  preceding  calendar 
year. 

6.  A  permittee  shall  at  all  reasonable  hours  allow  any  authorized  employee 
of  the  United  States  Department  of  Agriculture  to  enter  and  inspect  the 
premises  where  operations  are  being  carried  on  under  this  regulation  and  to 
inspect  the  books  and  records  of  such  permittee  relating  thereto. 

7.  A  permit  issued  under  this  regulation  shall  be  valid  until  revoked  by  the 
Secretary  unless  otherwise  specified  therein,  shall  not  be  transferable,  and 
may  be  revoked  by  the  Secretary,  if  the  permittee  violates  any  of  the  provisions 
of  the  migratory  bird  treaty  act  or  of  the  regulations  thereunder.  A  permit 
duly  revoked  by  the  Secretary  shall  be  surrendered  to  him  by  the  person  to 
whom  it  was  issued,  on  demand  of  any  employee  of  the  United  States  De- 
partment of  Agriculture  duly  authorized  to  enforce  the  provisions  of  the 
migratory  bird  treaty  act. 

8.  A  person  may  possess  and  transport  for  his  own  use.  without  a  permit, 
live  migratory  waterfowl  now  lawfully  possessed  or  hereafter  lawfully  ac- 
quired by  him,  but  he  may  not  purchase  or  sell  such  waterfowl  without  a 
permit.  A  State  or  municipal  game  farm  or  city  park  may  possess,  purchase. 
sell,  and  transport  live  migratory  waterfowl  without  a  permit,  but  no  such 
waterfowl  shall  be  purchased  from  or  sold  to  a  person  (other  than  such  State 
or  municipal  game  farm  or  city  park)  unless  he  has  a  permit.  The  feathers 
of  wild  ducks  and  wild  geese  lawfully  killed  and  feathers  of  such  birds  seized 
and  condemned  by  Federal  or  State  game  authorities  may  be  possessed, 
bought,  sold,  and  transported,  for  use  in  making  fishing  flies,  bed  pillows, 
and  mattresses,  and  for  similar  commercial  purposes,  but  not  for  millinery  or 
ornamental   purposes. 

[As  amended  October  25,  1918,  July  9,  1920,  April  10,  1923,  and  June  11,  1923.] 

REGULATION    9.— PERMITS    TO    COLLECT    MIGRATORY    BIRDS    FOR    SCIENTIFIC 

PURPOSES 

A  person  may  take  in  any  manner  and  at  any  time  migratory  birds  and 
their  nests  and  eggs  for  scientific  purposes  when  authorized  by  a  permit 
issued  by  the  Secretary,  which  permit  shall  be  carried  on  his  person  when  he 
is  collecting  specimens  thereunder  and  shall  be  exhibited  to  any  person  re- 
questing to  see  the  same. 

Application  for  a  permit  must  be  addressed  to  the  Secretary  of  Agriculture, 
Washington,  D.  C,  and  must  contain  the  following  information :  Name  and 
address  of  applicant,  his  age,  and  name  of  State,  Territory,  or  District  in 
which  specimens  are  proposed  to  be  taken,  and  t lie  purpose  for  which  they 
are  intended.  Each  application  shall  be  accompanied  by  certificates  from  two 
well-known  ornithologists  that  the  applicant  is  a  lit  person  to  be  intrusted 
with    a   permit. 

The  permit  may  limit  the  number  and  species  of  birds,  birds'  nests  or  eggs 
that  may  be  collected  thereunder,  and  may  authorize  the  holder  thereof  to 
possess,  buy,  sell,  exchange,  and  transport  in  any  manner  and  at  any  time 
migratory  birds,  parts  thereof,  and  their  nests  and  eggs  for  BCienttflc  purposes'; 
or  it  may  limit  the  holder  to  one  or  more  of  these  privileges.  Public  museums, 
zoological  parks  and  societies,  and  public  scientific  and  educational  institu- 
tions may  possess,  buy,  sell,  exchange,  and  transport  in  any  manner  and  ;it 
any  time  migratory  birds  and  parts  thereof  and  their  nests  and  r^s  for 
scientific  purposes  without  a  permit^  but  no  specimens  shall  be  taken  without 
a  permit.  The  plumage  and  skins  of  migratory  game  birds  legally  taken  may 
be  possessed  and    transported   by   a    person   without    a    permit. 


B.  S.63]  LAWS    RELATING   TO    GAME    AND   BIRDS  11 

A  taxidermist,  when  authorized  by  a  permit  issued  by  the  Secretary,  may 
possess,  buy.  sell,  exchange,  and  transport  in  any  manner  and  at  any  time 
migratory  birds  and  parts  thereof  legally  taken,  or  he  may  be  limited  to  one 
or  more  of  these  privileges. 

Each  permit  shall  bo  valid  until  revoked  by  the  Secretary  unless  otherwise 
specified  therein,  shall  not  be  transferable,  and  shall  be  revocable  at  the 
discretion  of  the  Secretary.  A  permit  duly  revoked  by  the  Secretary  shall 
be  surrendered  to  him  by  the  person  to  whom  it  was  issued,  on  demand  of  any 
employee  of  the  United  States  Department  of  Agriculture  duly  authorized 
to  enforce  the  provisions  of  the  migratory  bird  treaty  act.  A  person  holding 
a  permit  shall  report  annually  to  the  Secretary  on  or  before  the  10th  day  of 
January  during  the  life  of  the  permit  the  number  of  skins,  nests,  or  eggs  of 
each  species  collected,  bought,  sold,  exchanged,  or  transported  during  the 
preceding  calendar  year. 

Every  package  in  which  migratory  birds  or  their  nests  or  eggs  are  trans- 
ported shall  have  clearly  and  conspicuously  marked  on  the  outside  thereof  the 
name  and  address  of  the  sender,  the  number  of  the  permit  in  every  case 
when  a  permit  is  required,  the  name  and  address  of  the  consignee,  a  state- 
ment that  it  contains  specimens  of  birds,  their  nests,  or  eggs  for  scientific 
purposes,  and,  whenever  such  a  package  is  transported  or  offered  for  trans- 
portation from  the  Dominion  of  Canada  into  the  United  States  or  from  the 
United  States  into  the  Dominion  of  Canada,  an  accurate  statement  of  the 
contents. 

[As  amended  October  25,  1918,  March  3,  1921,  and  June  11,  1923.] 

REGULATION    10.— PERMITS    TO    KILL    MIGRATORY    BIRDS    INJURIOUS    TO 

PROPERTY 

When  information  is  furnished  the  Secretary  that  any  species  of  migratory 
bird  has  become,  under  extraordinary  conditions,  seriously  injurious  to  agricul- 
ture or  other  interests  in  any  particular  community,  an  investigation  will  be 
made  to  determine  the  nature  and  extent  of  the  injury,  whether  the  birds 
alleged  to  be  doing  the  damage  should  be  killed,  and,  if  so,  during  what  times 
and  by  what  means.  Upon  his  determination  an  appropriate  order  will  be 
made. 

REGULATION   11.— STATE  LAWS  FOR  THE  PROTECTION  OF  MIGRATORY  BIRDS 

Nothing  in  these  regulations  shall  be  construed  to  permit  the  taking,  posses- 
sion, sale,  purchase,  or  transportation  of  migratory  birds,  their  nests,  and  eggs 
contrary  to  the  laws  and  regulations  of  any  State,  or  Territory,  or  District  made 
for  the  purpose  of  giving  further  protection  to  migratory  birds,  their  nests,  and 
eggs  when  such  laws  and  regulations  are  not  inconsistent  with  the  convention 
between  the  United  States  and  Great  Britain  for  the  protection  of  migratory 
birds  concluded  August  16,  1916,  or  the  migratory  bird  treaty  act  and  do  not 
extend  the  open  seasons  for  such  birds  beyond  the  dates  prescribed  by  these 
regulations. 

[Added  by  proclamation  of  October  25,  1918,  as  amended  July  9,  1920.] 


ORDER 


PERMITTING  THE  KILLING  OF  BOBOLINKS.  COMMONLY  KNOWN  AS  REEDBIRDS 
OR  RICE  rJKDS,  WHICH  HAVE  BECOME  SERIOUSLY  INJURIOUS  TO  AGRICUL- 
TURAL  INTERESTS 

[Issued  May  7,  1925] 

Information  having  been  furnished  the  Secretary  of  Agriculture  that  bobo- 
links, commonly  known  as  reedbirds  or  rice  birds,  have  become  seriously  in- 
jurious to  the  rice  crops  of  North  Carolina,  South  Carolina,  Georgia,  and 
Florida,  and  an  investigation  having  been  duly  and  regularly  made  pursuant 
to  law.  and  it  having  been  determined  by  the  Secretary  of  Agriculture  that 
said  birds  have  become,  under  extraordinary  conditions,  seriously  injurious 
to  the  rice  crops  in  said  States  and  that  the  injuries  so  indicted  by  them  can 
not  adequately  be  controlled  in  the  communities  immediately  affected,  and 
that  they  should  therefore  be  killed  in  the  manner,  during  the  seasons,  and 
in  the  States  anrl  District  hereinafter  provided, 


12  BUREAU    OF    BIOLOGICAL    SURVEY  [S.R.A. 

Now,  therefore,  I,  R.  W.  Dunlap,  Acting  Secretary  of  Agriculture,  pursuant 
to  authority  in  me  vested  by  the  migratory-bird  treaty  act  of  July  3,  1018,  and 
in  conformity  with  regulation  10  of  the  migratory-bird  treaty  act  regulations 
approved  and  proclaimed  July  31,  11)18.  do  order  that  until  further  notice 
persons  may  kill  by  shooting,  bobolinks,  commonly  known  as  reedhirds  or  rice 
lards,  from  half  an  hour  before  sunrise  to  sunset,  from  September  1  to  October 
31,  inclusive,  in  the  States  of  Pennsylvania,  Delaware,  and  Maryland,  and  the 
District  of  Columbia,  and  from  August  16  to  November  15,  inclusive,  in  the 
States  of  Virginia,  North  Carolina,  South  Carolina,  Georgia,  and  Florida,  but 
the  birds  s,!  killed  shall  not  he  sold,  offered  for  sale,  or  shipped  for  purposes 
of  sale,  or  be  wantonly  wasted  or  destroyed,  hut  they  may  he  used  for  food 
purposes  by  the  persons  killing  them,  and  th^\v  may  be  transported  to  hospitals 
and  charitable  institutions  for  use  as  food. 

The  order  of  January  17,  1919,  permitting  the  killing  of  bobolinks  is  hereby 
revoked. 

Iv.  W.  Dr.Nup,  Acting  Secretary  of  Agriculture. 


LACEY  ACT,  REGULATING  INTERSTATE  COMMERCE  IN  GAME 

Federal  laws  affecting  the  shipment  of  game  comprise  statutes 
regulating  interstate  commerce  in  game  and  the  importation  of  birds 
and  mammals  from  foreign  countries,  as  follows: 

CRIMINAL  CODE— ACT  OF  MARCH  4,  1909 

[35   Stat.   1137] 

Sec.  -41.  The  importation  into  the  United  States,  or  any  Territory  or  District 
thereof,  of  the  mongoose;  the  so-called  "flying  foxes."  or  fruit  hats,  the  English 
sparrow,  the  stalling,  and  such  other  birds  and  animals  as  the  Secretary  of 
Agriculture  may  from  time  to  time  declare  to  he  injurious  t®  the  interests  of 
agriculture  or  horticulture,  is  herehy  prohibited;  and  all  such  lards  and  ani- 
mals shall,  upon  arrival  at  any  port  of  the  United  States,  be  destroyed  or 
returned  at  the  expense  of  the  owner.  Xo  person  shall  import  into  the  United 
States  or  into  any  Territory  or  District  thereof  any  foreign  wild  animal  or  bird, 
except  under  special  permit  from  the  Secretary  of  Agriculture:  Provided,  That 
nothing  in  this  section  shall  restrict  the  importation  of  natural-history  speci- 
mens for  museums  or  scientific  collections,  or  of  certain  cage  birds,  such  as 
domesticated  canaries,  parrots,  or  such,  other  birds  as  the  Secretary  of  Agri- 
culture may  designate;  The  Secretary  of  the  Treasury  is  herehy  authorized  to 
make  regulations  for  carrying  into  effect  the  provisions  of  this  section. 

Sec.  242.  !t  shall  be  unlawful  for  any  person  to  deliver  to  any  common 
carrier  for  transportation,  or  for  any  common  carrier  to  transport  from  any 
State.  Territory,  or  District  of  the  United  States  to  any  other  State,  Territory, 
or  District  thereof,  any  foreign  animals  or  birds  the  importation  of  which 
is  prohibited,  or  the  dead  bodies  or  parts  thereof  of  any  wild  animals  or  birds,2 
where  such  animals  or  birds  have  been  killed  or  shipped  in  violation  of  the  laws 
of  the  Stale  Territory,  or  District  in  which  the  same  were  killed,  or  from 
which  they  wore  shipped:  Provided,  That  nothing  herein  shall  prevent  the 
transportation  of  any  (\n\t\  biitls  or  animals  killed  during  the  season  when  the 
same  may  be  lawfully  capture^  and  the  export  of  which  is  not  prohibited  by  law 
in  the  Stale.  Territory,  or  District  in  which  the  same  are  captured  or  killed: 
Provided  further.  That  nothing  herein  shall  prevent  the  importation,  trans- 
portation, or  sale  of  birds  or  bird  plumage  manufactured  from  the  feathers 
of  barnyard  fowls. 

Sec.  243.  All  packages  containing  the  dead  bodies,  or  tlie  plumage,  or  parts 
thereof,  of  game  animals,  or  game  or  other  wild  birds,  when  shipped  in  inter- 
state or  foreign  commerce,  shall  be  plainly  and  clearly  marked,  so  that  the 
name  and  address  of  the  shipper  and  the  nature  of  the  contents  may  he  readily 
ained  on  ah  inspection  of  the  outside  of  such  package. 
24  !.  For  each  evasion  or  violation  of  any  provision  Of  the  three  sections 
hist  preceding,  the  shipper  shall  be  fined  not  more  than  $2Q0;  the  consignee 
knowingly  receiving  such  articles  so  shipped  and  transported  in  violation  of 


"See  sec.    J  of  the  migratory-bird   treaty  act,   i».   5,. which   supersedes  this  pari   of  the 
Lacey  Ad   relative  i<>  the  Interstate  transportation  of  wild  birds. 


B.  S.  63]  LAWS   RELATING   TO   GAME   AND  BIROS  13 

said  sections  shall  be  fined  not  more  than  $200;  and  the  carrier  knowingly 
carrying  or  transporting  the  same  in  violation  of  said  sections  shall  be  fined  not 
more  than  siiOO. 

SECTIONS   1   AND   5— ACT   OF   MAY   25,    1900  3 
[31  Stat.   187-188] 

That  the  duties  and  powers  of  the  Depart  moid  of  Agriculture  are  hereby 
enlarged  so  as  to  include  the  preservation,  distribution,  introduction,  and 
restoration  of  game  birds  and  other  wild  birds.  The  Secretary  of  Agiculture  is 
hereby  authorized  to  adopt  such  measures  as  may  he  necessary  to  carry  out 
the  purposes  of  this  act  and  to  purchase  such  game  birds  and  other  wild  birds 
as  may  be  required  therefor,  subject,  however,  to  the  laws  of  the  various  States 
and  Territories.  The  object  and  purpose  of  this  act  is  to  aid  in  the  restoration 
of  such  birds  in  those  parts  of  the  United  States  adapted  thereto  where  the 
same  have  become  scarce  or  extinct,  and  also  to  regulate  the  introduction  of 
American  or  foreign  birds  or  animals  in  localities  where  they  have  not  hereto- 
fore existed. 

The  Secretary  of  Agriculture  shall  from  time  to  time  collect  and  publish 
useful  information  as  t:o  the  propagation,  uses,  and  preservation  of  such  birds. 

And  the  Secretary  of  Agriculture  shall  make  and  publish  all  needful  rules  and 
regulations  for  carrying  out  the  purposes  of  this  act,  and  shall  expend  for  said 
purposes  such  sums  as  Congress  may  appropriate  therefor. 

Sec.  5.  That  ail  dead  bodies,  or  parts  thereof,  of  any  foreign  game  animals, 
or  game  or  song  birds,  the  importation  of  which  is  prohibited,  or  the  dead 
bodies,  or  parts  thereof,  of  any  wild  game  animals,  or  game  or  song  birds 
transported  into  any  State  or  Territory,  or  remaining  therein  for  use.  consump- 
tion, sale,  or  storage  therein,  shall  upon  arrival  in  such  State  or  Territory  be 
subject  to  the  operation  and  effect  of  the  laws  of  such  State  or  Territory 
enacted  in  the  exercise  of  its  police  powers,  to  the  same  extent  and  in  the  same 
manner  as  though  such,  animals  or  birds  had  been  produced  in  such  State  or 
Territory,  and  shall  not  be  exempt  therefrom  by  reason  of  being  introduced 
therein  in  original  packages  or  otherwise.  This  act  shall  not  prevent  the  im- 
portation, transportation,  or  sale  of  birds  or  bird  plumage  manufactured  from 
the  feathers  of  barnyard  fowl. 


LAW  PROTECTING  WILD  ANIMALS  AND  BIRDS  AND  THEIR  EGGS 
ON  FEDERAL  REFUGES 

ACT  OF  MARCH  4,   1909,  AS  AMENDED  APRIL  15,   1924 

[43  Stat.  98] 

Srcc.  84.  Whoever  shall  hunt,  trap,  capture,  willfully  disturb,  or  kill  any  bird 
or  wild  animal  of  any  kind  whatever,  or  take  or  destroy  the  eggs  of  any  such 
bird  on  any  lands  of  the  United  States  which  have  been  set  apart  or  reserved 
as  refuges  or  breeding  grounds  for  such  birds  or  animals  by  any  law.  procla- 
mation, or  Executive  order,  except  under  such  rules  and  regulations  as  the 
Secretary  of  Agriculture  may.  from  time  to  time,  prescribe,  or  who  shall  will- 
fully injure,  molest,  or  destroy  any  property  of  the  United  States  on  any  such 
lands  shall  be  fined  not  more  than  $.500,  or  imprisoned  not  more  than  six 
months,  or  both. 


HUNTING  ON  NATIONAL  FORESTS 

Regulation  T-T,  effective  October  1,  1919.  of  the  Regulations  of 
the  Forest  Service  Relative  to  National  Forests,  provides  as  follows: 

The  following  acts  are  prohibited  on  lands  of  the  United  States  within 
national  forests : 

The  going  or  being  upon  any  such  land,  or  in  or  on  the  waters  thereof,  with 
intent  to  hunt,  catch,  trap,  willfully  disturb,  or  kill  any  kind  of  game  animal, 


3  Sees.  -J,  3.  and  4  superseded  by  sees.  241-244  of  the  Criminal  Code,  act  of  Mai-.  4,  L00Q 
(35  Stat.  1137). 


14  "•    BUREAU    OF   BIOLOGICAL    SURVEY  [S.  R.  A. 

game  or  nongame  bird,  or  fish,  or  to  take  the  eggs  of  any  such  bird,  in  violation 

of  the  laws  of  the  State  in  which  such  land  or  waters  are  situated. 

Regulation  G-30  authorizes  all  forest  officers  to  enforce  the  above 
regulation  and  also  to  cooperate  with  State  or  Territorial  officials  in 
the  enforcement  of  local  laws  for  the  protection  of  birds,  fish,  and 
game. 

PROVISIONS  OF  TARIFF  ACT  REGULATING   IMPORTATION   OF 
PLUMAGE,  GAME,  ETC. 

ACT    OF    SEPTEMBER    21,    1922 
112  Stat.  915] 

Pab.  1419.  Feathers  and  downs,  on  the  skin  or  otherwise,  crude  or  not  dressed. 
colored,  or  otherwise  advanced  or  manufactured  in  any  manner,  not  specially 
provided  for,  20  per  centum  ad  valorem  ;  dressed,  colored,  or  otherwise  advanced 
or  manufactured  in  any  manner,  including  quilts  of  dchvn  and  other  manu- 
factures of  down  ;  artificial  or  ornamental  feathers  suitable  for  use  as  millinery 
ornaments,  artificial  or  ornamental  fruits,  vegetables,  grains,  leaves,  flowers, 
and  stems  or  parts  thereof,  of  whatever  material  composed,  not  specially  pro- 
vided for.  60  per  centum  ad  valorem;  natural  leaves,  plants,  shrubs,  herbs, 
trees,  and  parts  thereof,  chemically  treated,  colored,  dyed  or  painted,  not 
specially  provided  for,  GO  per  centum  ad  valorem;  boas,  boutonnieres,  wreaths, 
and  all  articles  not  specially  provided  for,  composed  wholly  or  in  chief  value 
of  any  of  the  feathers,  flowers,  leaves,  or  other  material  herein  mentioned.  GO 
per  centum  ad  valorem:  Provided,  That  the  importation  of  birds  of  paradise, 
aigrettes,  egret  plumes  or  so-called  osprey  plumes,  and  the  feathers,  quills. 
heads,  wings,  tails,  skins,  or  parts  of  skins,  of  wild  birds,  either  raw  or  manu- 
factured, and  not  for  scientific  or  educational  purposes,  is  hereby  prohibited; 
but  this  provision  shall  not  apply  to  the  feathers  or  plumes  of  ostriches  or 
to  the  featbers  or  plumes  of  domestic  fowls  of  any  kind:  Provided  further. 
That  birds  of  paradise,  and  the  feathers,  quills,  heads,  wings,  tails,  skins,  or 
parts  thereof,  and  all  aigrettes,  egret  plumes,  or  so-called  osprey  plumes,  and 
the  feathers,  quills,  heads,  wings,  tails,  skins,  or  parts  of  skins,  of  wild  birds, 
cither  raw  or  manufactured,  of  like  kind  to  those  the  importation  of  winch 
is  prohibited  by  the  foregoing  provisions  of  this  paragraph,  which  may  be 
found  in  the  United  States,  on  and  after  the  passage  of  this  act,  except  as 
to  such  plumage  or  parts  of  birds  in  actual  use  for  personal  adornment,  and 
except  such  plumage,  birds,  or  parts  thereof  imported  therein  for  scientific  or 
educational  purposes,  shall  be  presumed  for  the  purpose  of  seizure  to  haye 
been  imported  unlawfully  after  October  3,  1913,  and  the  collector  of  customs 
shall  seize  the  same  unless  the  possessor  thereof  shall  establish,  to  the  satis- 
faction of  the  collector,  that  the  same  were  imported  into  the  United  States 
prior  to  October  3,  1013,  or  as  to  such  plumage  or  parts  of  birds  that  they 
were  plucked  or  derived  in  the  United  States  from  birds  lawfully  therein:  and 
in  case  of  seizure  by  the  collector,  be  shall  proceed  as  in  case  of  forfeiture 
for  violation  of  the  custom  laws,  and  the  same  shall  be  forfeited,  unless  the 
claimant  shall,  in  any  legal  proceeding  to  enforce  such  forfeiture,  other  than 
a  criminal  prosecution,  overcome  the  presumption  of  illegal  importation  and 
establish  that  the  birds  or  article  seized,  of  like  kind  to  those  mentioned  the 
importation  <»f  which  is  prohibited  as  above,  were  Imported  into  the  United 
States  prior  to  October  3,  1913,  or  were  plucked  in  the  United  States  from 
birds  lawfully  therein. 

That  whenever  birds  or  plumage,  the  importation  of  which  is  prohibited  by 
the   foregoing   provisions   of  this   paragraph,    are    forfeited   to    the   Government, 

the  Secretary  of  the  Treasury  is  hereby  authorized  to  place  the  same  with  the 
departments  or  bureaus  of  the  Federal  or  state  Governments  or  societies  or 
museums  for  exhibition  or  scientific  or  educational  purposes,  hut  not  for  sale  or 
personal  use:  and  in  the  event  of  such  birds  or  plumage  not  being  required  or 
desired  by  either  Federal  or  state  Government  or  for  educational  purposes, 
they  shall  be  destroyed. 

Thai  nothing  in  this  act  shall  be  construed  to  repeal  the  provisions  of  the 
ad  of  March  4,  1913,  Chapter  1  !•"»  (37  Statutes  at  Large,  page  X47).  or  the  act 
of  .July  3,  1918  (10  Statutes  at   Large,  page  Too),  or  any  other  law  of  the  United 


B.  S.  63]  LAWS   RELATING   TO    GAME   AND   BIRDS  15 

States,  now  of  force,  intended  for  the  protection  or  preservation  of  birds 
within  the  United  States.  That  if  on  investigation  by  the  collector  before 
seizure,  or  before  trial  for  forfeiture,  or  if  at  such  trial  if  such  seizure  has 
been  made,  it  shall  be  made  to  appear  to  the  collector,  or  the  prosecuting 
officer  of  the  Government,  as  the  case  may  be,  that  no  illegal  importation  of 
such  feathers  has  been  made,  but  that  the  possession,  acquisition,  or  purchase 
of  such  feathers  is  or  has  been  made  in  violation  of  the  provisions  of  the  act 
of  March  4,  1913.  chapter  145  (37  Statutes  at  Large,  page  847),  or  the  act  of 
July  3,  1918  (40  Statutes  at  Large,  page  755),  or  any  other  law  of  the  United 
States,  now  of  force,  intended  for  the  protection  or  preservation  of  birds  within 
the  United  States,  it  shall  be  the  duty  of  the  collector,  or  such  prosecuting 
officer,  as  the  case  may  be.  to  report  the  facts  to  the  proper  officials  of  the 
United  States,  or  State  or  Territory  charged  with  the  duty  of  enforcing  such 
laws. 

Import  duties  and  provisions  are  as  follows : 

Par.  704.  A  duty  of  4  cents  per  pound  is  imposed  on  reindeer  meat,  venison, 
and  other  game  (except  birds). 

Par.  711.  The  duty  on  live  birds  (except  poultry)  is  50  cents  each  on  those 
valued  at  $5  or  less,  and  20  per  cent  ad  valorem  on  those  valued  at  more 
than  $5, 

Par.  712.  Dressed  or  undressed  birds  (except  poultry)  are  dutiable  at  8  cents 
per  pound,  but  if  prepared  or  preserved  in  any  manner  the  duty  is  35  per  cent 
ad  valorem.  (Paragraph  1419  prohibits  the  importation  of  the  plumage  of 
wild  birds,  so  that  undressed  game  birds  may  only  be  brought  in  under  a  bond 
for  the  destruction  of  their  plumage.) 

Par.  715.  Live  wild  animals,  15  per  cent  ad  valorem. 

Par.  1420.  Silver  or  black  fox  skins,  dressed  or  undressed,  and  manufactures 
thereof,  50  per  cent  ad  valorem  ;  other  furs  dressed  on  the  skin,  not  advanced 
further  than  dyeing,  25  per  cent  ad  valorem. 

Par.  1507.  Wild  animals  and  birds  intended  for  exhibition  in  zoological 
collections  for  scientific  or  educational  purposes,  and  not  for  sale  or  profit, 
are  admitted  free. 

Par.  1569.  The  eggs  of  birds  are  prohibited  from  entry,  except  that  eggs  of 
game  birds  may  be  imported  free  under  regulations  of  Secretary  of  Agriculture 
for  propagating  purposes;  specimens  may  also  be  imported  free  for  scientific 
collections. 

Par.  1579.  Raw  furs  and  fur  skins  (except  silver  or  black  fox  skins),  un- 
dressed, are  admitted  free. 

Par.  1668.  Natural  history  specimens  (including  wild  birds  and  mammals) 
may  be  imported  free  for  scientific  public  collections,  but  not  for  sale. 


CANADIAN    REGULATIONS    UNDER    MIGRATORY-BIRDS 
CONVENTION  ACT 

[Promulgated   May   11,   1918;   amended   May    11,   1920;   August   31,    1921;    September   1, 
1922;  August  13  and  25,   1923;   July  20,   1924;  and  July  — ,   19251 

1.  In  these  regulations,  unless  the  context  otherwise  requires : 

(a)  "  Migratory  game  birds"  means  the  following: 

Anatidse  or  waterfowl,  including  brant,  wild  duck,  geese,  and  swans ; 

Gruidse  or  cranes,  including  little  brown,  sandhill,  and  whooping  cranes; 

Pallida?  or  rails,  including  coots,  gallinules,  and  sora,  and  other  rails ; 

Limieohe  or  shorebirds,  including  avocets,  curlew,  dowitchers,  godwits,  knots, 
oyster-catchers,  phalaropes,  plovers,  sandpipers,  snipe,  stilts,  surf  birds,  turn- 
stones,  willet,  woodcock,  and  yellowlegs; 

Columbidrc  or  pigeons,  including  doves  and  wild  pigeons. 

(b)  "  Migratory  insectivorous  birds"  means  the  following: 

Bobolinks,  catbirds,  chickadees,  cuckoos,  dickers,  fly-catchers,  grosbeaks,  hum- 
ming-birds, kinglets,  martins,  meadowlarks,  nighthawks  or  bull  bats,  nut- 
hatches, orioles,  robins,  shrikes,  swallows,  swifts,  tanagers,  titmice,  thrushes, 
vireos,  warblers,  waxwings,  whippoorwills,  woodpeckers,  and  wrens,  and  all 
other  perching  birds  which  feed  entirely  or  chiefly  on  Insects; 

(c)  "Migratory  nongame  birds"  means  the  following: 

Auks,  anklets,  bitterns,  fulmars,  gannets.  grebes,  guillemots,  gulls,  herons, 
jaegers,  loons,  mimes,  petrels,  puffins,  shearwaters,  and  terns. 


16  BUEEAU    OF    BIOLOGICAL    SUEVEY  [S.  R.  A. 

2.  Close  seasons. — No  person  shall  kill,  hunt,  capture,  injure,  take,  molest, 
sell,  or  offer  for  sale  any  migratory  game  birds  except  during  the  following 
periods  iu  the  various  Provinces: 
Ducks,  geese,  brant,  or  i-ails: 

In  Prince  Edward  Island :  September  1  to  December  14,  both  dates  inclusive. 

In  Quebec :  September  1  to  December  15,  both  dates  inclusive. 

In  the  Northwest  Territories  and  Yukon  Territory:  September  1  to  December 
14,  both  dates  inclusive. 

In  Ontario:  September  1  to  December  15,  both  dates  inclusive. 

In  Manitoba:  September  15  to  November  30,  except  that  in  that  portion  of 
the  Province  lying  to  the  north  of  the  53d  parallel  of  latitude  the  (.pen 
season  on  ducks  shall  be  from  September  1  to  November  30,  both  dates 
inclusive. 

In  Alberta  :  September  15  to  December  14,  both  dates  inclusive. 

In  Saskatchewan  and  New  Brunswick,  except  the  islands  in  the  Grand  Manan 
group  in  the  Province  of  New  Brunswick:  September  15  to  December  31, 
both  dates  inclusive. 

In  the  islands  in  the  Grand  Manan  group,  in  the  Province  of  New  Brunswick : 
October  15  to  January  31,  both  dates  inclusive. 

In  British  Columbia  (northern  and  eastern  districts)  :  September  15  to 
December  31,  both  dates  inclusive. 

In  that  portion  of  the  western  district  to  the  north  of  the  52d  parallel  of 
latitude:  September  15  to  December  31,  both  dates  inclusive. 
Ducks  and  rails: 

In  British  Columbia  (in  that  portion  of  the  western  district  to  the  south  of 
the  52d  parallel  of  latitude)  :  October  15  to  January  31,  both  dates  inclu- 
sive. 

In  Nova  Scotia,  except  Yarmouth  and  Shelburne  Counties:  September  15  to 
December  31,  both  dates  inclusive. 

In  Yarmouth  and  Shelburne  Counties,  in  the  Province  of  Nova  Scotia  :  October 
15  to  January  31,  both  dates  inclusive. 
Geese  and  brant: 

In  British  Columbia  (in  that  portion  of  the  western  district  to  the  south  of 
the  52d  parallel  of  latitude)  :  November  1  to  February  15,  both  dates 
inclusive. 

In  Nova  Scotia,  except  Shelburne  and  Queens  Counties:  September  15  to 
December  31,  both  dates  inclusive. 

In  Shelburne  and  Queens  Counties,  in  the  Province  of  Nova  Scotia,  to  persons 
holding  a  license  from  the  minister :  November  1  to  February  14,  both  dates 
inclusive. 
Shorebirds  or  leaders,  including  only  the  folloiving:  Woodcock,  Wilson  or  jack 
snipe,  black-bellied  and  golden  plovers,  and  the  greater  and  lesser  yellow- 
legs: 

In  Prince  Edward  Island :  August  15  to  November  30,  both  dates  inclusive, 
except  that  on  woodcock  and  Wilson  or  jack  snipe  the  open  season  shall  be 
from  September  15  to  November  30,  both  dates  inclusive. 

In  Nova  Scotia  and  New  Brunswick :  August  15  to  November  30,  both  dates 
inclusive,  except  that  on  woodcock  and  Wilson  or  jack  snipe  the  open 
season  shall  be  from  October  1  to  November  30,  both  dates  inclusive. 

In  Quebec:  September  1  to  December  15,  both  dates  inclusive. 

In  tbe  Northwest  Territories  and  Yukon  Territory :  September  1  to  Decem- 
ber 14,  both  dates  inclusive. 

In  Ontario :  September  1  to  December  15,  both  dates  inclusive,  except  that  on 
woodcock  the  open  season  shall  be  from  September  15  to  November  30, 
both  dates  inclusive. 

In   Saskatchewan :  September  15  to  December  31,  both  dates  inclusive. 

In  Alberta:  September  15  to  December  14,  both  dates  inclusive. 

In  British  Columbia  (northern  and  eastern  districts)  :  September  15  to 
December  31,  botb  dates  inclusive. 

In  thai  portion  of  tbo  western  district  to  the  north  of  the  52d  parallel  of 
latitude  :  September  15  to  December  31,  both  dates  inclusive. 

In  that  portion  of  the  western  district  to  the  south  of  the  52d  parallel  of  lati- 
tude: October  15  to  January  31,  botb  dates  inclusive. 


B.S.63J  LAWS    RELATING    TO    GAME   AND   BIRDS  17 

fShorebirds  or  waders,  including  only  the  follotcing:  Wilson  or  jack  snipe: 

In  Manitoba:  September  15  to  November  30.  both  dates  inclusive. 

Provided,  however,  that  Indians  and  Eskimos  may  take  scoters  or  "Si- 
wash  ducks  "  for  food  at  any  time  of  the  year,  but  scoters  so  taken  shall  not 
be  sold. 

For  the  purpose  of  this  or  any  other  regulation,  the  Province  of  British 
Columbia  shall  be  divided  into  three  districts,  to  be  known  as  the  northern. 
eastern,  and  western  districts. 

Northern  district  shall  mean  and  include  the  electoral  district  of  Atlin 
and  all  that  portion  of  the  Province  situated  and  lying  to  the  north  of  the 
line  of  the  Canadian  National  Railway  between  Yellowhead  Pass  and 
Prince  Rupert. 

Eastern  district  shall  mean  and  include  all  that  portion  of  the  Province 
situated  and  lying  to  the  east  of  the  summit  of  the  Cascade  Range  and 
south  of  the  line  of  the  Canadian  National  Railway  between  Yellowhead 
Pass  and  Prince  Rupert,  and  including  that  portion  of  the  provincial  elec- 
toral district  of  Lillooet  situated  and  lying  to  the  east  of  a  line  drawn 
north  and  south,  astronomic,  of  Alta  Lake  Railway  Station  on  the  Pacific 
Great  Eastern  Railway. 

Western  district  shall  mean  and  include  all  that  portion  of  the  Province 
situated  and  lying  to  the  west  of  the  summit  of  the  Cascade  Range  and 
south  of  the  electoral  district  of  Atlin.  and  excluding  that  portion  of  the 
provincial  electoral  district  of  Lillooet  situated  and  lying  to  the  east  of  a 
line  drawn  north  and  south,  astronomic,  of  Alta  Lake  Railway  Station  on 
the  Pacific  Great  Eastern  Railway. 

3.  The  killing,  hunting,  capturing,  taking,  injuring,  or  molesting  of  migratory 
insectivorous  birds,  their  eggs,  or  nests,  is  prohibited  throughout  the  year, 
except  as  hereinafter  provided. 

4.  The  killing,  hunting,  taking,  injuring,  capturing,  or  molesting  of  migratory 
nongame  birds,  or  their  eggs  or  nests,  except  as  herein  or  hereinafter  provided, 
is  prohibited  throughout  the  year:  provided,  however,  that  the  Indians  and 
Eskimos  may  take  at  any  season  auks,  auklets,  guillemots,  murres.  and  purlins 
and  their  eggs  for  human  food  and  their  skins  for  clothing,  but  birds  and  egg- 
taken  in  virtue  of  this  exemption  shall  not  be  sold  or  offered  for  sale  or  other- 
wise traded. 

5.  A  close  season  shall  continue  until  the  1st  day  of  January,  1928.  on  the 
following  migratory  game  birds:  Band-tailed  pigeons,  little  brown,  sandhill, 
and  whooping  cranes,  swans,  curlew,  and  all  shorebirds  (except  the  black- 
bellied  and  golden  plover,  Wilson  or  jack  snipe,  woodcock,  and  the  greater  and 
lesser  yellowlegs). 

6.  A  close  season  shall  continue  on  wood  duck  and  eider  duck  until  the  31st 
day  of  January,  1926.  except  that  in  the  Yukon  Territory,  Northwest  Terri- 
tories, and  that  part  of  the  Province  of  Ontario  lying  north  of  the  Quebec,  Coch- 
rane. Winnipeg  line  of  the  Canadian  National  Railway  eider  duck4  may  be 
taken  in  the  open  season  allowed  under  section  2  of  these  regulations:  and 
except  that  wood  duck  may  be  taken  in  the  Province  of  Ontario  in  the  open 
season  allowed  under  section  2  of  these  regulations. 

7.  The  taking  of  the  nests  or  eggs  of  migratory  game,  migratory  insectivorous. 
or  migratory  nongame  birds  is  prohibited,  except  as  otherwise  provided  in 
these  regulations. 

8.  Sale  of  migrator)/  game  birds. — Notwithstanding  any  provision  of  section 
2  of  these  regulations,  in  the  Provinces  of  Prince  Edward  Island,  Nova  Scotia, 
New  Brunswick,  Ontario.  Manitoba,  Saskatchewan.  Alberta,  and  British  Colum- 
bia no  person  shall  sell,  expose  for  sale,  offer  for  sale.  buy.  trade,  or  traffic  in 
any  migratory  game  bird  killed  or  taken  during  the  open  season  hereunder; 
and  in  the  Province  of  Quebec  no  person  shall  sell,  expose  for  sale,  offer  for 
sale,  buy,  trade,  or  traffic  in  any  migratory  game  bird,  except  ducks,  killed  or 
taken  during  the  open  season  hereunder. 

9.  Possession  of  migratory  game  birds  which  were  legally  taken  in  the  open 
season  during  the  close  season  following. — Migratory  game  birds  killed  during 
the  season  when  the  killing  of  such  birds  is  legal  may  be  possessed  during  the 
following  periods  in  the  various  Provinces,  but  the  onus  of  proof  that  birds 

-sed  under  this  section  were  lawfully  killed  shall  be  on  the  person  having 
such  birds  in  possession. 


*  In  the  maritime  provinces  eider  ducks  arc  commonly  called  "  sea  ducks." 


18  BUBEAU    OF   BIOLOGICAL   SURVEY  [S.  R.  A. 

In  Prince  Edward  Island :  From  the  close  of  the  open  season  provided  up  to 
and  including  January  31,  next  following. 

In  Nova  Scotia :  For  one  month  after  the  close  of  the  open  season  provided, 
except  that  in  Shelburne  and  Queens  Counties  geese  may  be  possessed  from  the 
close  of  the  open  season  provided  up  to  and  including  the  last  day  of  February, 
next  following. 

In  New  Brunswick :  From  the  close  of  the  open  season  provided  up  to  and  in- 
cluding January  31,  next  following,  except  that  in  the  Grand  Manan  group  such 
birds  may  be  possessed  from  the  close  of  the  open  season  provided  up  to  and 
including  the  last  day  of  February,  next  following. 

In  Quebec :  From  the  close  of  the  open  season  provided  up  to  and  including 
March  31,  next  following. 

In  Ontario:  From  the  close  of  the  open  season  provided  up  to  and  including 
March  31,  next  following. 

In  Manitoba:  From  the  close  of  the  open  season  provided  up  to  and  including- 
March  '.U,  next  following. 

In  Saskatchewan:  From  the  close  of  the  open  season  provided  up  to  and  in- 
cluding the  last  day  of  February,  next  following. 

In  Alberta  :  From  the  close  of  the  open  season  provided  up  to  and  including 
March  31,  next  following. 

In  British  Columbia  :  For  14  days  after  the  close  of  the  open  season. 
In  the  Northwest  Territories  and  Yukon  Territory:  From  the  close  of  the 
open  season  provided  up  to  and  including  April  14,  next  following. 

10.  Bag  limits. — No  person  shall  kill  during  any  day,  or  during  any  season, 
migratory  game  birds  in  the  various  Provinces  in  excess  of  the  numbers  set 
forth  as  follows : 

In  Nova   Scotia,  New  Brunswick,  Prince  Edward   Island,   Quebec,  Ontario, 
Northwest  Territories,  and  Yukon  Territory  in  any  day  (except  that  in  Ontario 
no  person  shall  kill  in  any  one  season  in  excess  of  200  ducks)  : 
Ducks. — Twenty-five  in  the  aggregate  of  all  kinds. 
Geese. — Fifteen  in  the  aggregate  of  all  kinds. 
Brant. — Fifteen  in  the  aggregate  of  all  kinds. 

Rails,  coots,  and  gallinules. — Twenty-five  in  the  aggregate  of  all  kinds. 
Black-bellied  and  golden  plovers  and  greater  and  lesser  yelloivlegs. — Fif- 
teen in  the  aggregate  of  all  kinds. 
Wilson  snipe  or  jacksnipe. — Twenty-five. 
Woodcock. — Ten. 
In  Manitoba  in  any  day: 

Ducks. — Twenty  before  October  1  and  40  thereafter  in  the  aggregate  of 

all  kinds. 
Geese. — Ten  in  the  aggregate  of  all  kinds. 
('ails  and  cools. — Twenty-five  in  the  aggregate  of  all  kinds. 
WU80n   snipe  or  jacksnipe. — Twenty-live. 
And  in  Manitoba  in  any  open  season  in  excess  of  200  ducks. 
In  Alberta  in  any  day: 

Ducks. — Thirty  in  the  aggregate  of  all  kinds. 
Geese. — Fifteen  in  the  aggregate  of  all  kinds. 
Rails  and  cools.— Twenty-five  in  the  aggregate  of  all  kinds. 
Black-bellied  and  golden  plovers  and  greater  and  lesser  yelloivlegs. — Fif- 
teen in  the  aggregate  of  all  kinds. 
Wilson  snipe  or  jacksnipe. — Twenty-five. 
And  in  Albert;)   in  any  open  season  in  excess  of  200  ducks. 
In  Saskatchewan  in  any  day: 

Ducks  and  geese. — Thirty  in  the  aggregate  of  all  kinds. 
Rails  and  cools. — Twenty-five  in  the  aggregate  of  all  kinds. 
Black-belUed  and  golden  plovers   and  greater  and   lesser   iielloirlegs. — 

Fifteen  in  the  aggregate  of  all  kinds. 
Wilson  snipe  or  jacksnipe. — Twenty-five. 
And   in   Saskatchewan   in   any  open  season  in  excess  of  200  birds  of  the 
family  Anatidse,  including  ducks  and  geese. 
In  British  Columbia  in  any  day: 

Bucks.    Twenty  in  the  aggregate  of  all  kinds. 

Geese.-   -Ten  in   the  aggregate  of  all  kinds. 

Brant.-  Ten. 

Rails  and  COOfa.— Twenty-five  in  the  aggregate  of  all  kinds. 

Black-belUed  and   golden    plovers   and  greater  and  lesser  yelloivlegs.— 

Fifteen   in   the  aggregate  of  all  kinds. 
Wilson  snipe  or  jacksnipe.-    Twentj  ftve. 


B.8.63]  LAWS    RELATING   TO    GAME    AND   BIRDS  19 

And  in  British  Columbia  in  any  open  season  in  excess  of  150  ducks  ; 

And  in  British  Columbia  in  any  open  season  in  excess  of  50  geese; 

And  in  British  Columbia  in  any  open  season  in  excess  of  50  brant; 

And  in  British  Columbia  in  any  open  season  in  excess  of  150  Wilson  snipe; 

And  in  British  Columbia  in  any  open  season  in  excess  of  150  black-bellied 

and  golden  plover  in  the  aggregate ; 
And  in  British  Columbia  in  any  open  season  in  excess  of  150  greater  and 

lesser  yellowlegs  in  the  aggregate. 

11.  Shooting  restriction*. —  (a)  No  person  shall  take,  attempt  to  take,  kill,  or 
attempt  to  kill  any  migratory  game  birds  during  the  open  season  provided 
hereunder  except  with  a  gun  not  larger  than  number  10  gauge. 

(b)  In  British  Columbia  no  person  shall  kill  or  attempt  to  kill  any  migra- 
tory game  birds  during  the  open  seasons  provided  hereunder  with  a  pump  or 
repeating  shotgun,  unless  the  magazine  lias  been  permanently  plugged  or 
altered  so  that  it  can  not  carry  more  than  one  cartridge. 

(c)  No  person  shall  kill  or  attempt  to  kill  any  migratory  game  birds  by 
the  use  of  any  automatic  (including  firearms  loaded  by  recoil  or  so-called 
"auto-loading"),  swivel,  or  machine  gun  or  battery,  or  by  the  use  of  any 
aeroplane,  powerboat,  or  sailboat,  or  by  the  use  of  night  lights. 

(d)  No  person  shall  kill  or  attempt  to  kill  any  migratory  game  bird  during 
the  night,  which  for  the  purpose  of  these  regulations  is  described  as  being 
from  one  hour  after  sunset  to  one  hour  before  sunrise,  but  in  the  Province  of 
Ontario  no  person  shall  kill,  or  attempt  to  kill,  any  migratory  game  birds 
between  sunset  and  sunrise. 

The  possession  of  night  lights  and  firearms  by  any  person  during  the  night 
in  places  frecpiented  by  migratory  game  birds  shall  be  considered  prima  facie 
evidence  of  night  shooting. 

(e)  No  person  shall  kill  or  attempt  to  kill  from  any  motor  vehicle  or  horse- 
drawn  vehicle  any  migratory  game  bird. 

(/)  No  person  shall  kill  or  attempt  to  kill  any  migratory  game  birds  in  the 
vicinity  of  Tabusintac  Lagoon,  in  the  Province  of  New  Brunswick,  by  the  use 
of  "  sink  boxes  "  between  the  hours  of  1  p.  m.  and  one  hour  before  sunrise. 

12.  Scientific  permits. — Migratory  game,  migratory  insectivorous,  or  migra- 
tory nongame  birds  or  parts  thereof  or  their  eggs  or  nests  may  be  taken, 
bought,  sold,  shipped,  transported,  or  possessed  for  scientific  purposes,  but  only 
on  the  issue  of  a  permit  by  the  minister  or  by  any  person  duly  authorized 
by  him. 

Such  permits  may,  upon  application,  be  granted  to  recognized  museums,  or 
scientific  societies,  and  to  any  person  furnishing  written  testimonials  from  two 
wel  1-known  ornithologists. 

A  return  of  specimens  taken  under  such  a  permit  shall  be  made  to  the 
minister  upon  the  expiration  of  the  permit. 

13.  Propagation  of  migratory  birds. —  (a)  Migratory  game,  migratory  insec- 
tivorous, or  migratory  nongame  birds,  or  their  eggs,  protected  under  regula- 
tions made  pursuant  to  the  migratory  birds  convention  act,  may  be  taken  a; 
any  time  and  in  any  manner  for  propagating  purposes  only  on  the  issue  of 
a  permit  by  the  minister  or  by  any  person  duly  authorized  by  him.  Migratory 
game,  migratory  insectivorous,  or  migratory  nongame  birds,  or  their  eggs  so 
taken,  may  be  possessed  by  the  permittee  and  may  be  sold  and  transported  by 
him  to  any  person  holding  a  permit  for  propagating  purposes  issued  by  the 
minister  or  by  any  person  duly  authorized  by  him. 

(b)  A  person  authorized  by  a  permit  issued  for  propagating  purposes  under 
this  regulation  may  possess,  buy,  sell,  or  transport  migratory  game,  migratory 
insectivorous,  or  migratory  nongame  birds,  or  their  increase  or  eggs,  for 
propagating  purposes.  Such  migratory  game,  migratory  insectivorous,  or 
migratory  nongame  birds,  except  the  birds  taken  under  paragraph  (a)  of  this 
regulation,  may  be  killed  by  him  in  any  manner  except  by  shooting.  The  un- 
plucked  carcasses  or  the  plucked  carcasses  with  heads  attached  thereto  oi 
such  birds  may  be  sold  and  transported  by  the  permittee  to  any  person  for 
consumption,  or  to  the  keeper  of  a  hotel,  restaurant,  or  boarding  house,  or 
to  a  dealer  in  meat  or  game,  or  to  a  club  for  sale  or  service  to  their  patrons. 
all  of  whom  may  possess  such  carcasses  for  actual  consumption  without  a 
permit. 

(c)  A  person  granted  a  permit  under  this  regulation  shall  keep  books  and 
records  which  shall  correctly  set  forth  at  nil  times  the  total  number  of  each 
species   of   migratory    game,    migratory    insectivorous,    or    migratory    nongame 


20  BUREAU   OF   BIOLOGICAL   SURVEY  [S.R.A. 

birds  or  their  eggs,  taken  or  in  his  possession.  A  written  report  shall  be  fur- 
nished the  minister  during  the  month  of  January  next  following  the  issuance 
of  the  permit.  This  report  shall  state  the  total  number  of  each  species  reared 
and  killed,  the  number  of  each  species,  or  their  eggs,  sold  and  transported, 
the  manner  in  which  such  species  or  eggs  were  transported,  the  name  and 
address  of  each  person  from  or  to  whom  such  species  or  eggs  were  pur- 
chased or  sold,  together  with  number  and  species  and  whether  sold  alive  or 
dead,  and  the  date  of  such  transaction. 

(d)  Applications  for  permits  to  take  such  birds  for  propagating  purposes 
shall  be  accompanied  by  a  statement  showing — 

(1)  The  full  name  and  post-office  address  of  the  applicant. 

(2)  The  species  of  birds  or  eggs  that  it  is  desired  to  take. 

(3)  The  number. 

(4)  The  place  at  which  the  birds  or  eggs  are  to  be  taken. 

Applications  for  permits  to  possess,  buy,  sell,  or  transport  such  birds  for 
propagating  purposes  shall  be  accompanied  by  a  statement  showing — 

(1)  The  full  name  and  post-office  address  of  the  applicant. 

(2)  The  species  and  number  of  birds  that  it  is  desired  to  possess. 

(3)  The  area  and  location  of  the  land  to  be  used  in  the  business  and 
whether  owned  or  leased  by  the  applicant. 

(e)  The  minister  may  require  an  applicant  to  furnish  a  bond  in  support  of 
his  application  for  a  permit  for  propagating  purposes. 

(/)  A  permittee  shall  at  all  reasonable  hours  allow  any  game  officer  to 
enter  and  inspect  the  premises  where  operations  are  being  carried  on  under 
these  regulations  and  to  inspect  the  books  and  records  of  such  permittee 
relating  thereto. 

(g)  No  person  holding  a  permit  for  propagating  purposes  shall  sell  migra- 
tory game,  migratory  insectivorous,  or  migratory  nongame  birds,  raised  and 
killed  in  captivity,  unless  the  same  shall  bear  a  metal  tag.  This  tag  shall  be 
of  a  type  approved  by  the  minister  and  shall  contain  the  name  or  initials  of 
the  holder  of  the  permit.     It  shall  not  be  removed  from  the  carcass. 

14.  Collecting  of  eider- (J own. — The  minister,  or  any  person  duly  authorized 
by  him,  may  issue,  permits  allowing  persons  owning  or  leasing  eider  duck  breed- 
ing areas  to  collect,  possess,  transport,  and  sell  eider-down. 

15.  Termination  of  permits. — All  permits  and  licenses  shall  terminate  at 
the  end  of  the  calendar  year  in  which  they  shall  have  been  issued.  They  shall 
not  be  transferable  and  shall  be  revocable  at  the  discretion  of  the  minister. 

16.  Taxidermists. — No  person  shall  engage  in  the  business  of  a  taxidermist 
without  having  first  secured  from  the  minister  a  license  so  to  do.  The  fee  for 
this  license  shall  be  $1. 

No  taxidermist  shall  receive,  prepare  for  exhibition  purposes,  or  possess, 
any  migratory  game,  migratory  insectivorous,  or  migratory  nongame  bird, 
or  any  portion  thereof,  unless  such  bird  has  been  legally  killed,  either  in  the 
open  season  for  such  birds  or  by  the  holder  of  a  permit  for  taking  birds  for 
scientific  purposes. 

Every  licensed  taxidermist  shall  annually  make  such  returns  as  the  minister 
may  require. 

Every  licensed  taxidermist  shall  keep  books  and  records  which  correctly  set 
forth  the  name  of  each  migratory  game,  migratory  insectivorous,  or  migratory 
nongame  bird  received,  the  date  and  locality  of  capture,  the  rate  received,  and 
the  name  and  address  of  the  owner  of  such  bird.  Those  books  and  records  are 
to  be  open  to  inspection  by  any  game  officer  at  any  reasonable  time. 

17.  Labeling  paekages  for  shipment. — Any  package  in  which  migratory  game, 
migratory  insectivorous,  or  migratory  nongame  birds  or  parts  thereof,  or  their 
oj.'gs  or  nests  are  shipped  or  transported  for  scientific  or  propagating  purposes 
shall  bo  clearly  marked  on  the  outside  with  the  number  of  the  permit,  the  nam'1 
and  address  of  the  shipper,  and  an  accurate  statement  of  the  contents. 

No  transportation  company  shall  accept  for  transportation  any  package  con- 
taining migratory  game,  migratory  insectivorous,  or  migratory  nongame  birds, 
or  their  nosts  or  eggs  or  parts  thereof,  unless  such  packages  shall  be  marked 
;is  hereinbefore  required,  and  shipment  of  the  same  through  the  mails  is 
prohibited  unless  marked  as  aforesaid. 

18.  The  shipment  or  export  of  migratory  game,  migratory  insectivorous,  or 
migratory  nongame  birds,  or  their  nosts  or  eggs  from  any  Province  during  the 
close  season  in  such  Provinces  is  prohibited,  except  for  scientific  or  propagat- 
ing purposes;  and   traffic  hot  ween   Canada  and  the  United  States  in  any  such 


B.S.63]  LAWS   RELATING   TO   GAME   AND   BIRDS  21 

birds,  or  their  eggs,  captured,  killed,  taken,  or  shipped  at  any  time  contrary  to 
the  laws  of  the  Province  or  State  in  which  the  same  are  captured,  killed,  taken, 
or  shipped  is  likewise  prohibited. 

19.  No  person  shall  ship  or  offer  for  shipment  from  Canada  to  the  United 
States  any  package  containing  migratory  game,  migratory  insectivorous,  or 
migratory  nongame  birds  or  any  parts  thereof  or  their  eggs  unless  such  pack- 
age shall  have  the  name  and  address  of  the  shipper  and  an  accurate  statement 
of  the  contents  clearly  marked  on  the  outside  of  such  package. 

No  transportation  company  shall  accept  for  transportation  to  the  United 
States  any  packages  of  migratory  game,  migratory  insectivorous,  or  migratory 
nongame  birds,  or  any  parts  thereof  or  their  eggs,  unless  such  packages  bear 
the  name  and  address  of  the  shipper  and  an  accurate  statement  of  the  con- 
tents ;  and  shipment  of  the  same  through  the  mails  is  prohibited  unless  marked 
as  aforesaid. 

20.  If  any  of  the  migratory  game,  migratory  insectivorous,  or  migratory  non- 
game  birds  should  under  extraordinary  conditions  become  seriously  injurious 
to  agricultural,  fishing,  or  other  interests  in  any  particular  locality,  the  min- 
ister, or  any  person  duly  authorized  by  him,  may  issue  permits  to  kill  such 
birds  so  long  as  they  shall  continue  to  be  injurious.  Applications  for  such 
permits  shall  include  a  full  statement  describing — 

(1)  The  species  and  an  estimate  of  the  numbers  of  birds  committing  the 
damage. 

(2)  The  nature  and  extent  of  the  damage. 

(3)  The  extent  of  the  agricultural  or  other  interests  threatened  or  involved. 
Such  permits  shall  be  revocable  at  the  discretion  of  the  minister.     On  the 

expiration  of  the  permit  the  person  to  whom  it  is  issued  shall  furnish  to  the 
minister  a  written  report  showing  the  number  of  birds  killed,  the  dates  upon 
which  they  were  killed,  and  the  disposition  made  of  the  dead  birds. 

No  birds  killed  under  such  permits  shall  be  shipped,  sold,  or  offered  for  sale. 

21.  (a)  Any  British  subject  domiciled  in  the  Province  of  Quebec  may  capture 
by  trapping  or  kill  by  shooting  American  and  red-breasted  mergansers  within 
the  counties  of  Rimouski,  Matane,  Matapedia,  Bonaventure,  and  Gaspe,  Province 
of  Quebec,  on  the  south  shore  of  the  River  St.  Lawrence,  and  within  the  county 
of  Saguenay,  Province  of  Quebec,  on  the  north  shore  of  the  Gulf  and  River  St. 
Lawrence  from  one  hour  before  sunrise  to  one  hour  after  sunset,  from  April 
1  to  August  31,  both  dates  inclusive ;  provided,  that  the  birds  so  killed  shall  not 
be  sold  or  offered  for  sale  or  shipped  or  transported  from  one  person  to  another, 
except  that  they  may  be  shipped  or  transported  as  a  gift  to  persons  authorized 
by  permits  granted  by  virtue  of  clause  12  of  these  regulations  to  take  or  possess 
such  birds  for  scientific  purposes. 

(&)  Any  superintendents  of  fish  hatcheries  situated  in  the  Province  of  Quebec, 
any  salaried  Provincial  or  Federal  game  officer  duly  appointed  for  that  Prov- 
ince, or  any  owner  or  any  lessee  of  fishing  areas  in  that  Province,  the  bona 
fide  employees  of  such  owners  or  lessees,  and  the  members  of  fishing  clubs 
which  lease  fishing  rights,  may  kill  loons  by  shooting,  within  the  Province  of 
Quebec  from  one  hour  before  sunrise  to  one  hour  after  sunset,  from  April  1  to 
October  31,  both  dates  inclusive;  provided,  that  the  birds  so  killed  shall  not  be 
sold  or  offered  for  sale  or  shipped  or  transported  from  one  person  to  another, 
except  that  they  may  be  shipped  or  transported  as  a  gift  to  persons  authorized 
by  permits  granted  by  virtue  of  clause  12  of  these  regulations  to  take  or  possess 
such  birds  for  scientific  purposes. 

(c)  Any  British  subject  domiciled  in  the  county  of  Saguenay,  Province  of 
Quebec,  may  kill  great  black-backed  gulls  by  shooting,  within  the  county  of 
Saguenay,  Province  of  Quebec,  from  one  hour  before  sunrise  to  one  hour  after 
sunset,  from  June  15  to  October  31,  both  dates  inclusive:  provided,  that  the 
birds  so  killed  shall  not  he  sold  or  offered  for  sale  or  shipped  or  transported 
from  one  person  to  another,  except  that  they  may  be  shipped  or  transported  as 
a  gift  to  persons  authorized  by  permits  granted  by  virtue  of  clause  12  of  these 
regulations  to  take  or  possess  such  birds  for  scientific  purposes. 

(d)  The  minister  may  on  any  date  between  August  15  and  September  14.  in- 
clusive, issue  a  general  permit,  covering  any  one  or  more  of  the  Provinces  of 
Manitoba,  Alberta,  and  Saskatchewan,  which  shall  allow  any  owner  or  occu- 
pier of  land  in  the  Province  named,  having  a  cereal  crop  growing  or  in  stook  on 
his  said  land,  to  shoot  on  such  land  wild  ducks  which  are  found  causing  serious 
injury  to  such  crop:  Provided,  That  wild  ducks  so  killed  shall  not  be  sold  or 
offered  for  sale,  and  that  wild  ducks  shall  not  be  shot  at  or  killed  outside  of  the 
area  on  which  the  crop  is  being  so  seriously  injured. 


22  BUREAU    OF    BIOLOGICAL   SURVEY  [S.  R.  A.— B.  S.  63 

22.  No  person  or  organization  shall  introduce  for  the  purpose  of  sport  or 
acclimatization  any  species  of  migratory  birds  without  the  consent  of  the  minis- 
ter in  writing. 

23.  No  person  shall  destroy,  deface,  tear  down,  or  damage  maliciously,  any 
posters,  notice  boards,  or  signs  erected  to  acquaint  the  public  with  any  pro- 
visions of  the  Migratory  Birds  Convention  Act  or  Regulations  thereunder. 


CANADIAN  TARIFF  ACT  PROHIBITING  IMPORTATION   OF   PLUM- 
AGE, MONGOOSES,  AND  CERTAIN  BIRDS 

The  importation  of  bird  plumage  into  Canada  for  millinery  pur- 
poses is  prohibited  by  tariff  item  1212  under  Schedule  C  (prohibited 
goods),  as  added  by  section  5  of  the  Canadian  customs  tariff  act  of 

1914.  Item  1212  prohibits  the  entry  of  the  following: 

1212.  Aigrettes,  egret  plumes,  or  so-called  osprey  plumes,  and  the  feathers, 
quills,  heads,  wings,  tails,  skins,  or  parts  of  skins  of  wild  birds  either  raw  or 
manufactured;  but  this  provision  shall  not  come  into  effect  until  January  1, 

1915,  and  shall  not  apply  to — 

( <i )   The  feathers  or  plumes  of  ostriches ; 

(b)  The  plumage  of  the  English  pheasant  and  the  Indian  peacock; 

(c)  The  plumage  of  wild  birds  ordinarily  used  as  articles  of  diet; 

(d)  The  plumage  of  birds  imported  alive;  nor  to 

(e)  Specimens  imported  under  regulations  of  the  minister  of  customs  for  any 
natural-history  or  other  museum  or  for  educational  purposes. 

Item  1214  under  Schedule  C  (prohibited  goods),  as  added  by  the 
customs  tariff  act,  effective  May  24,  1922,  prohibits  the  entry  of  the 
following : 

1214.   (a)   Common  mongoose  (Hcrpcstes  griseus)   or  mongoose  of  any  kind; 
(&)   Common  mynah,  Chinese  mynah,  crested  mynah,  or  any  other  species  of 
the  starling  family  (Sturnidre)  ; 

(c)  Java  sparrows,  rice  bird,  nutmeg  finch,  or  other  species  of  the  weaver 
bird  family  (Ploceidre)  ; 

(d)  European  chaffinch  (Fringilla  ccelcos)  ; 

(e)  Great  titmouse  (Parus  major). 


WASHINGTON  :  GOVERNMENT  PRINTING  OFFICE  :  1925 


UNIVERSITY  OF  FLORIDA 


3  1262  09218  5130 


